South Africa Case Law

Inxuba Yethemba Municipality v Msweli and Others (PR198/21)

Inxuba Yethemba Municipality v Msweli and Others (PR198/21) [2025] ZALCPE 6; [2025] 7 BLLR 710 (LC); (2025) 46 ILJ 1725 (LC) (7 April 2025)

Court

Labour Court Port Elizabeth

Case number

PR198/21

Judge

Kroon, AJ

The Labour Court found that the arbitrator failed to properly evaluate the gravity of the municipal manager's misconduct, which included the unlawful appointment of a service provider without following supply chain management procedures and the approval of a variation order in excess of financial delegations. The arbitrator incorrectly minimized the seriousness of the misconduct, disregarded the statutory and fiduciary duties of the municipal manager, and failed to appreciate the element of dishonesty and the destruction of the trust relationship. The municipal manager's conduct was accompani…

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• Financial Misconduct
• Municipal Manager Dismissal
• Supply Chain Management
• Regulation 36 Deviation
• Irregular Expenditure
• Disciplinary Procedure

Khoza v Greater Kokstad Municipality and Another (15408/2024P)

Khoza v Greater Kokstad Municipality and Another (15408/2024P) [2024] ZAKZPHC 84 (30 August 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

15408/2024P

Judge

P C Bezuidenhout

The court found that the applicant was not charged with financial misconduct but with other serious misconduct under the Disciplinary Regulations. The Molala decision was not binding, as the facts differed and stare decisis does not apply across divisions unless the earlier decision is clearly wrong. The disciplinary process was regular, and the applicant's remedy lies in the Labour Court or Bargaining Council, not the High Court. Intervention in uncompleted disciplinary proceedings is only justified in exceptional circumstances, which were not present. The application for interim relief was…

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• Interdictory Relief
• Jurisdiction Of High Court
• Disciplinary Proceedings
• Financial Misconduct
• Stare Decisis

Mamusa Local Municipality v Phetla and Others (UM117/2022)

Mamusa Local Municipality v Phetla and Others (UM117/2022) [2023] ZANWHC 57 (22 May 2023)

Court

North West High Court, Mafikeng

Case number

UM117/2022

Judge

A H Petersen

The High Court dismissed leave to appeal in a municipal disciplinary dispute, holding the 2014 financial misconduct regulations governed proceedings started after 1 July 2014.

• Municipal Disciplinary Regulations
• Financial Misconduct
• Transitional Arrangements
• Leave To Appeal
• Costs Award
• Leave-to-appeal

Phetla v Mamusa Local Municipality and Others (UM117/2022)

Phetla v Mamusa Local Municipality and Others (UM117/2022) [2022] ZANWHC 37 (1 July 2022)

Court

North West High Court, Mafikeng

Case number

UM117/2022

Judge

Petersen

The court held that Mamusa Local Municipality unlawfully used the 2010 disciplinary regulations for post-2014 financial misconduct proceedings.

• Municipal Disciplinary Procedure
• Financial Misconduct
• Local Government Regulations
• Unlawful Suspension
• Employment Contract Breach
• Municipal-discipline

Bitou Municipality v Minister for Local Government, Environmental Affairs and Development Planning, Western Cape Provincial Govt and Others (CA14/2019)

Bitou Municipality v Minister for Local Government, Environmental Affairs and Development Planning, Western Cape Provincial Govt and Others (CA14/2019) [2021] ZALAC 1; [2021] 5 BLLR 435 (LAC); (2021) 42 ILJ 993 (LAC) (12 February 2021)

Court

Labour Appeal Court

Case number

CA14/2019

Judges

Davis JA, Coppin JA, Kathree-Setiloane AJA

The Labour Appeal Court upheld the setting aside of Bitou Municipality’s settlement and reappointment of a dismissed municipal manager, and dismissed the appeal and cross-appeal.

• Municipal Manager Appointment
• Settlement Agreement Validity
• Locus Standi
• Intergovernmental Relations
• Financial Misconduct
• Judgment In Rem

Molala v Metsimaholo Local Municipality and Others (5464/2018)

Molala v Metsimaholo Local Municipality and Others (5464/2018) [2019] ZAFSHC 267 (20 August 2019)

Court

Free State High Court, Bloemfontein

Case number

5464/2018

Judge

PE Molitsoane

The High Court held that disciplinary charges of financial misconduct had to be dealt with under the 2014 Regulations, and interdicted the municipality from continuing unlawfully.

• Municipal Regulations
• Disciplinary Procedure
• Financial Misconduct
• Interdict
• Jurisdiction
• Transitional Arrangements

Kotze v Mpumalanga Department of Education and Others (18453/13)

Kotze v Mpumalanga Department of Education and Others (18453/13) [2014] ZAGPPHC 322; (2014) 35 ILJ 2361 (GNP) (4 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

18453/13

Judge

S K Hassim

The court held that, in line with the Supreme Court of Appeal’s decision in Highveld Steel and Vanadium Corporation Ltd v Oosthuizen, the employer is entitled to request the pension fund to withhold payment of the pension benefit pending final determination of its claim for compensation arising from alleged misconduct. The statutory provisions do not require that a written admission or court judgment be available at the time of termination; rather, the purpose is to protect the employer’s right to recover losses. The applicant’s main application is postponed pending the outcome of the related…

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• Government Employees Pension Law
• Interdict
• Withholding Of Pension Benefits
• Financial Misconduct
• Section 21 Gepl
• Compensation For Loss