Dihlabeng Local Municipality v Van Aarde and Others (JR 1607/2001, JR 1608/2001, JR 1609/2001)
Dihlabeng Local Municipality v Van Aarde and Others (JR 1607/2001, JR 1608/2001, JR 1609/2001) [2004] ZALC 28 (11 March 2004)
The court held that the appointments of the third respondents as employees were made in direct contravention of section 67(3) of the Local Government Ordinance, 1962, which contains an absolute statutory prohibition. Such appointments are void ab initio and have no legal effect. The third respondents were never employees of the applicant for purposes of the Labour Relations Act, 1995, and the CCMA lacked jurisdiction to entertain their unfair dismissal disputes. Estoppel cannot operate to validate an ultra vires act or clothe a local authority with powers it does not possess. The first respon…
Source excerpt
- Jurisdiction Of Ccma
- Ultra Vires Appointments
- Void Ab Initio
- Estoppel Against Local Authority
- Section 145 Review
- Employee Definition