South Africa Case Law

Member of the Executive Council for Local Government, Environmental Affairs and Development Planning, Western Cape Province v Knysna Municipality and Others (1345/2021 ; 1330/2021)

Member of the Executive Council for Local Government, Environmental Affairs and Development Planning, Western Cape Province v Knysna Municipality and Others (1345/2021 ; 1330/2021) [2024] ZAWCHC 167; [2024] 3 All SA 529 (WCC) (18 June 2024)

Court

Western Cape High Court, Cape Town

Case number

1345/2021 ; 1330/2021

Judge

Pillay AJ

The Council's appointment and employment of Dr Ngqele as Director: Community Services were irrational and unlawful, as the Council failed to establish that he met the minimum statutory requirement of two years' senior management experience. The Council ignored relevant considerations, sought clarifying information only after the appointment resolution, and did not properly interrogate the evidence. The remuneration package offered exceeded statutory limits without justification. The Council's failure to appoint Mr Clayton was similarly irrational, with no record of reasons or engagement with…

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• Municipal Systems Act
• Minimum Competency Regulations
• Appointment Of Senior Managers
• Remuneration Regulations
• Promotion Of Administrative Justice Act
• Legality Review

Nelson Mandela Bay Municipality v Qaba and Others (3042/2023)

Nelson Mandela Bay Municipality v Qaba and Others (3042/2023) [2024] ZAECQBHC 27 (9 April 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

3042/2023

Judge

J W Eksteen

The court found that the appointment of Mr Qaba as CEO of the MBDA was unlawful and irregular. The board appointed him unconditionally, despite his failure to meet the minimum competency levels prescribed by the MFMA and the competency regulations. The appointment was not subject to the required resolutive condition that his contract would terminate if he failed to attain the necessary competencies within 18 months. The board acted on an error of law, failed to consider relevant information, and awarded Mr Qaba the maximum permissible salary without regard to his lack of qualifications. The I…

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• Promotion Of Administrative Justice Act
• Municipal Entities
• Minimum Competency Levels
• Judicial Review
• Appointment Of Senior Managers
• Remuneration Guidelines

South African Municipal Workers Union v Letsimeng Local Municipality and Another (J 75/2024)

South African Municipal Workers Union v Letsimeng Local Municipality and Another (J 75/2024) [2024] ZALCJHB 106 (5 March 2024)

Court

Labour Court Johannesburg

Case number

J 75/2024

Judge

Prinsloo

The Labour Court granted an interim interdict stopping the appointment of a municipal manager pending review, finding a prima facie case of regulatory non-compliance.

• Appointment Of Senior Managers
• Municipal Systems Act
• Interim Interdict
• Compliance With Regulations
• Administrative Action
• Review Proceedings

Raliphada v Makhado Municipality and Others (8015/2023)

Raliphada v Makhado Municipality and Others (8015/2023) [2024] ZALMPPHC 22; [2024] 2 All SA 490 (LP); [2024] 6 BLLR 626 (LP) (6 February 2024)

Court

Limpopo High Court, Polokwane

Case number

8015/2023

Judge

Sikhwari

The High Court has jurisdiction to review the Council's decision to appoint the Chief Financial Officer of Makhado Municipality. The applicant's complaint is not limited to unfair discrimination but centers on the Council's failure to implement the Selection Panel's recommendation without rational explanation, constituting administrative action. The Council's decision was unlawful, unreasonable, and procedurally unfair, as it disregarded the Selection Panel's clear recommendation of the applicant, who was the highest scoring candidate and found competent. The Council did not provide reasons f…

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• Municipal Systems Act
• Appointment Of Senior Managers
• Jurisdiction Of High Court
• Employment Equity Act
• Procedural Fairness
• Review Of Administrative Action

Western Cape Provincial Minister of Local Government, Environmental Affairs and Development Planning v Central Karoo District Municipality and Others (4835/2023)

Western Cape Provincial Minister of Local Government, Environmental Affairs and Development Planning v Central Karoo District Municipality and Others (4835/2023) [2023] ZAWCHC 66; [2023] 7 BLLR 717 (WCC); (2023) 44 ILJ 1832 (WCC) (3 April 2023)

Court

Western Cape High Court, Cape Town

Case number

4835/2023

Judge

P.A.L. Gamble

The High Court held that de facto senior management experience does not count for acting municipal manager appointments under section 54A of the Systems Act.

• Municipal Systems Act
• Appointment Of Senior Managers
• Declaratory Relief
• Urgent Motion
• Experience Requirements
• Municipal-systems-act

Member of the Executive Council Local Government Environmental Affairs and Development Planning, Western Cape v Prince Albert Municipality and Another (A231/2020)

Member of the Executive Council Local Government Environmental Affairs and Development Planning, Western Cape v Prince Albert Municipality and Another (A231/2020) [2021] ZAWCHC 278 (21 September 2021)

Court

Western Cape High Court, Cape Town

Case number

A231/2020

Judges

Goliath, Fortuin, Slingers

Appeal over municipal senior-manager appointment regulations. The majority held Regulation 12(4) remained valid and that the selection panel was improperly constituted.

• Municipal Systems Act
• Appointment Of Senior Managers
• Regulation Interpretation
• Constitutional Invalidity
• Non Joinder
• Selection Panel Composition

Enoch Mgijima Local Municipality and Another v Dingani and Another; In re: Enoch Mgijima Local Municipality and Another v Dayi; In re: Enoch Mgijima Local Municipality and Another v Siqhaza (583/2019; 686/2019; 634/2019)

Enoch Mgijima Local Municipality and Another v Dingani and Another; In re: Enoch Mgijima Local Municipality and Another v Dayi; In re: Enoch Mgijima Local Municipality and Another v Siqhaza (583/2019; 686/2019; 634/2019) [2020] ZAECGHC 42; [2020] 3 All SA 135 (ECG) (12 May 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

583/2019; 686/2019; 634/2019

Judge

M.S. Jolwana

The court found that the appointments of the respondents as general managers were made in contravention of sections 56 and 66 of the Municipal Systems Act and the applicable regulations. The organogram creating the posts was unlawfully adopted, lacking compliance with regulation 4(7), proper job descriptions, and disclosure of financial implications. The recruitment process failed to require or assess prescribed minimum qualifications and competencies, and the appointments were made without council approval, in breach of statutory and constitutional requirements. The respondents did not demon…

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• Municipal Systems Act
• Appointment Of Senior Managers
• Principle Of Legality
• Staff Establishment
• Condonation For Delay
• Public Administration Principles

Sakhisizwe Local Municipality v Tshefu and Others (1611/2019)

Sakhisizwe Local Municipality v Tshefu and Others (1611/2019) [2020] ZAECGHC 3; [2020] 2 All SA 299 (ECG) (28 January 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

1611/2019

Judge

M J Lowe

High Court review of a municipal appointment and salary package. Delay barred relief on the appointment, but the unlawful salary package was set aside and corrected.

• Municipal Systems Act
• Appointment Of Senior Managers
• Condonation For Delay
• Remuneration Regulations
• Legality Review
• Section 172 Declaration

Nelson Mandela Bay Municipality v Tsatsire (1479/14)

Nelson Mandela Bay Municipality v Tsatsire (1479/14) [2015] ZAECPEHC 19 (31 March 2015)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1479/14

Judge

Revelas

The High Court held that a second fixed-term employment contract for a municipal senior manager was invalid because it was not concluded by the municipal council as required by section 56.

• Municipal Systems Act
• Appointment Of Senior Managers
• Delegation Of Powers
• Promotion Of Administrative Justice Act
• Legality Principle
• Municipal-systems-act