South Africa Case Law

Khali v Uphongolo Local Municipality and Others (2025/058478)

Khali v Uphongolo Local Municipality and Others (2025/058478) [2025] ZALCD 20 (10 June 2025)

Court

Labour Court Durban

Case number

2025/058478

Judge

Allen-Yaman

The court found that the respondents' attorneys were duly authorised to represent the municipality, as the council had ratified the Acting Municipal Manager's actions ex post facto, which is permissible in law. The transcript of the council meeting was rejected as inadmissible due to lack of authenticity and reliability, as the applicant failed to establish its provenance and accuracy, particularly regarding translation from isiZulu to English. The court held that the municipality's Standing Rules and Orders do not require every decision to be taken by vote unless there is disagreement. There…

Source excerpt

• Municipal Manager Suspension
• Disciplinary Regulations For Senior Managers
• Authority To Represent Municipality
• Admissibility Of Electronic Evidence
• Motion Proceedings
• Costs In Labour Disputes

Sikhundla v Alfred Nzo District Municipality and Others (2666/2024)

Sikhundla v Alfred Nzo District Municipality and Others (2666/2024) [2024] ZAECMHC 66 (20 August 2024)

Court

Eastern Cape High Court, Mthatha

Case number

2666/2024

Judge

M.S. Jolwana

The High Court granted an urgent interim interdict stopping a municipal disciplinary hearing against a senior manager pending the review in Part B.

• Disciplinary Regulations For Senior Managers
• Interim Interdict
• Jurisdiction Of High Court
• Contract Of Employment
• Urgency
• Municipal Manager Dismissal

Nkosi v Alfred Duma Local Municipality and Others (D224/2024)

Nkosi v Alfred Duma Local Municipality and Others (D224/2024) [2024] ZALCD 22 (3 July 2024)

Court

Labour Court Durban

Case number

D224/2024

Judge

K Allen-Yaman

The court found that the Local Government: Disciplinary Regulations for Senior Managers, 2010, are mandatory and binding on municipalities both as subordinate legislation and as incorporated into the applicant's employment contract. The municipality failed to comply with essential procedural requirements, including bringing allegations before the council, appointing an investigator by council resolution, and determining the seriousness of the misconduct. The municipal manager acted ultra vires by usurping council powers. These failures were substantive, not mere formalities, and constituted a…

Source excerpt

• Disciplinary Regulations For Senior Managers
• Interim Interdict
• Ultra Vires
• Breach Of Employment Contract
• Municipal Governance

South African Municipal Workers Union obo Makofane v Matjhabeng Municipality and Another (JA122/21)

South African Municipal Workers Union obo Makofane v Matjhabeng Municipality and Another (JA122/21) [2023] ZALAC 22; [2023] 11 BLLR 1177 (LAC); (2023) 44 ILJ 2692 (LAC) (17 August 2023)

Court

Labour Appeal Court

Case number

JA122/21

Judges

Waglay JP, Coppin JA, Tokota AJA

The Labour Appeal Court dismissed an appeal over an alleged suspension, finding the appellant was kept from work by bail conditions and had not proved jurisdiction.

• Jurisdiction Of Labour Court
• Unlawful Suspension
• Onus Of Proof
• Municipal Systems Act
• Disciplinary Regulations For Senior Managers
• Labour-court-jurisdiction

Shema v Ditsobotla Local Municipality and Others (J479/2023)

Shema v Ditsobotla Local Municipality and Others (J479/2023) [2023] ZALCJHB 128 (24 March 2023)

Court

Labour Court Johannesburg

Case number

J479/2023

Judge

Lagrange

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

Molibeli v The Speaker of the Municipal Council : Fezile Dabi District Municipality and Others (4614/2022)

Molibeli v The Speaker of the Municipal Council : Fezile Dabi District Municipality and Others (4614/2022) [2022] ZAFSHC 332; [2023] 1 All SA 199 (FB) (15 November 2022)

Court

Free State High Court, Bloemfontein

Case number

4614/2022

Judge

Van Zyl

The High Court set aside a municipal manager’s precautionary suspension, finding the council failed to comply with mandatory disciplinary regulations and procedural fairness requirements.

• Precautionary Suspension
• Disciplinary Regulations For Senior Managers
• Municipal Manager Employment
• Procedural Fairness
• Substantial Compliance
• Condonation Of Non Compliance

Selepe and Another v Mohokare Local Municipality and Others (3173/2021)

Selepe and Another v Mohokare Local Municipality and Others (3173/2021) [2021] ZAFSHC 217 (25 August 2021)

Court

Free State High Court, Bloemfontein

Case number

3173/2021

Judge

C Van Zyl

The High Court found that Mohokare Local Municipality’s decision to place two senior managers on special leave was unlawful and set it aside.

• Precautionary Suspension
• Disciplinary Regulations For Senior Managers
• Jurisdiction Of High Court
• Unlawful Suspension
• Special Leave
• Urgent Interdict

Ndoyana v Nelson Mandela Bay Municipality (CA581/2019)

Ndoyana v Nelson Mandela Bay Municipality (CA581/2019) [2019] ZAECPEHC 74 (12 November 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

CA581/2019

Judge

Rugunanan

The court held that the authority to impose a dismissal sanction against a senior manager appointed in terms of section 56 of the Local Government: Municipal Systems Act resides with the presiding officer of the disciplinary hearing, not the Municipal Council or City Manager. The Regulations distinguish between the roles of 'municipality' and 'municipal council', and the responsibility for implementing the sanction is placed on the municipality, which may act through its administrative structures and delegated powers. The applicant's argument that only the Council could dismiss him was reject…

Source excerpt

• Disciplinary Regulations For Senior Managers
• Municipal Structures Act
• Contractual Termination
• Authority To Dismiss
• Declaratory Relief
• Costs Orders

IMATU obo Hobe v Merafong City Local Municipality and Others (J960/17)

IMATU obo Hobe v Merafong City Local Municipality and Others (J960/17) [2017] ZALCJHB 154; [2017] 10 BLLR 1040 (LC) (12 May 2017)

Court

Labour Court Johannesburg

Case number

J960/17

Judge

Lagrange

The court found that while the applicant was afforded an opportunity to make representations, the municipal council failed to consider those representations before deciding to suspend him. This omission constituted a breach of Regulation 6(3) of the Local Government: Disciplinary Regulations for Senior Managers, rendering the suspension unlawful. The court rejected the argument that a precautionary suspension must be preceded by an investigation under Regulation 5, holding that Regulation 6 operates independently. The council's failure to address the applicant's explanation regarding the unav…

Source excerpt

• Precautionary Suspension
• Disciplinary Regulations For Senior Managers
• Procedural Fairness
• Unlawful Suspension

Barnard v Kannaland Municipality and Others (C714/2016)

Barnard v Kannaland Municipality and Others (C714/2016) [2016] ZALCCT 52 (23 November 2016)

Court

Labour Court Cape Town

Case number

C714/2016

Judge

Golden

The Court found that the Municipality substantially complied with Regulation 6 by notifying the applicant of its intention to suspend him, providing reasons, and affording him an opportunity to make representations. The Council considered his representations at two meetings before making the final decision. The Regulations do not require that the decision to suspend be made within seven days of receiving representations, nor do they prohibit further consideration. The applicant was informed of the reasons for his suspension, and the involvement of the Mayor and Speaker was not improper given…

Source excerpt

• Precautionary Suspension
• Disciplinary Regulations For Senior Managers
• Procedural Fairness
• Audi Alterem Partem
• Unlawful Suspension