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Administrative Law [2018] ZAECGHC 142

Mawonga and Another v Walter Sisulu Local Municipality and Others (633/2019)

Mawonga and Another v Walter Sisulu Local Municipality and Others (633/2019) [2018] ZAECGHC 142; [2019] 2 BLLR 196 (ECG); (2019) 40 ILJ 974 (ECG) (8 November 2018)

The High Court has jurisdiction to adjudicate legality reviews concerning municipal manager appointments, as the applicant's claim was based on allegations of unlawfulness and procedural defects, not unfair dismissal under the Labour Relations Act. The renewal of the applicant's contract as municipal manager in July 2017 was subject to Section 54A of the Municipal Systems Act, which mandates a competitive appointment process, including national advertisement of the post. The saving provision in Section 16 of the Municipal Systems Amendment Act does not protect subsequent renewals or extension…

  • Municipal Manager Appointment
  • Contract Renewal
  • Competitive Selection
  • Jurisdiction Of High Court
  • Legality Review
  • Procedural Fairness
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