South Africa Case Law

Democratic Alliance v City of Johannesburg Metropolitan Municipality and Others (2023-041913)

Democratic Alliance v City of Johannesburg Metropolitan Municipality and Others (2023-041913) [2023] ZAGPJHC 1374 (7 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-041913

Judge

S Budlender

The High Court set aside Johannesburg Council resolutions appointing Floyd Brink as City Manager, finding the urgent procedure breached the Council’s rules and legality.

• Municipal Governance
• Principle Of Legality
• Procedural Fairness
• Standing Rules And Orders
• Appointment Of Municipal Manager
• Remedial Powers Under Constitution

Oliver Reginald Tambo District Municipality v Independent Electoral Commission and Others (1995/2021)

Oliver Reginald Tambo District Municipality v Independent Electoral Commission and Others (1995/2021) [2021] ZAECMHC 31 (24 August 2021)

Court

Eastern Cape High Court, Mthatha

Case number

1995/2021

Judge

R W N Brooks

The court found that the appointment of Mr Madzidzela as acting municipal manager was unlawful and in direct contravention of the council's resolution, which had appointed Ms Dunywa for a three-month period. The communication sent by Mr Madzidzela to the first respondent was invalid, as he was not lawfully appointed. The first respondent's acceptance and action upon this communication, resulting in the replacement of district councillors, was likewise unlawful and inconsistent with the Constitution. The applicant had made reasonable efforts to resolve the intergovernmental dispute, as evidenc…

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• Municipal Structures Act
• Intergovernmental Dispute Resolution
• Appointment Of Municipal Manager
• Review Of Administrative Action
• Councillor Replacement
• Urgency In Motion Proceedings

Masithela v Thabazimbi Local Municipality Council and Another (J710/17)

Masithela v Thabazimbi Local Municipality Council and Another (J710/17) [2017] ZALCJHB 157 (16 May 2017)

Court

Labour Court Johannesburg

Case number

J710/17

Judge

Lagrange

The Labour Court does not have jurisdiction to review and set aside the respondent's decision to re-advertise the post of municipal manager where no employment relationship exists between the applicant and the respondent. Section 158(1)(h) of the Labour Relations Act confers jurisdiction only in matters where the State acts as employer in relation to an employee, not in relation to potential employment relationships. The applicant's reliance on constitutional and administrative review grounds does not extend the Labour Court's jurisdiction to disputes involving external job applicants. Preced…

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• Jurisdiction Of Labour Court
• Review Of Administrative Action
• Appointment Of Municipal Manager
• Constitutional Right To Fair Administrative Action

South African Municipal Workers Union (SAMWU) obo Members v Dr J S Moroka Local Municipality and Others (41601/2013)

South African Municipal Workers Union (SAMWU) obo Members v Dr J S Moroka Local Municipality and Others (41601/2013) [2015] ZAGPPHC 1083 (18 September 2015)

Court

North Gauteng High Court, Pretoria

Case number

41601/2013

Judge

MNGQIBISA-THUSI

The High Court held that a municipal SLA for secondment was valid, but the acting municipal manager’s appointment was unlawful and set aside.

• Municipal Systems Act
• Doctrine Of Legality
• Locus Standi
• Service Level Agreement
• Appointment Of Municipal Manager
• Judicial Review

South African Municipal Workers Union and Another v Merafong City Local Municipality and Others (J 1021/12)

South African Municipal Workers Union and Another v Merafong City Local Municipality and Others (J 1021/12) [2013] ZALCJHB 64 (10 May 2013)

Court

Labour Court Johannesburg

Case number

J 1021/12

Judge

Lallie

The court found that the First Respondent's appointment of Mabaso as municipal manager was in breach of section 54A(4)(b) of the Municipal Systems Act, as Mabaso did not meet the prescribed requirements and was not objectively suitable for the post. The First Respondent failed to consider material information, specifically the Auditor General's reports detailing significant failures in financial management and compliance during Mabaso's previous tenure. This omission rendered the appointment irrational and arbitrary. The court held that the union had locus standi to bring the application and…

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• Municipal Systems Act
• Appointment Of Municipal Manager
• Jurisdictional Facts
• Rationality Review
• Locus Standi
• Review Of Administrative Action