Shema v Ditsobotla Local Municipality and Others (J479/2023)
Shema v Ditsobotla Local Municipality and Others (J479/2023) [2023] ZALCJHB 128 (24 March 2023)
The court found that the applicant's urgent application was premature, as he failed to first raise his objections regarding the lawfulness of the disciplinary proceedings and the authority of the chairperson with the presiding officer of the second enquiry. The applicant had successfully obtained a favourable ruling in the first enquiry by raising his objections internally, demonstrating that such an approach was not futile. The court held that the proper procedure was to address these issues with the chairperson and, if necessary, seek recusal or stay of proceedings before approaching the La…
Source excerpt
- Disciplinary Regulations For Senior Managers
- Authority To Litigate
- Urgency In Labour Court
- Consolidation Of Disciplinary Enquiries
- Recusal Of Chairperson