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Tsibulane and Another v Ngxolela and Others (20/2014) [2015] ZAECPEHC 60 (14 April 2015)
The court reviewed and set aside an invalid estate appointment, voided a later property sale based on it, upheld the earlier sale, and ordered cancellation of transfer.
Retlaobaka v Lekwa Local Municipality (J 20/13) [2013] ZALCJHB 14; (2013) 34 ILJ 2320 (LC) (7 February 2013)
The court found that the applicant's suspension was procedurally defective because the notice failed to communicate the reasons for suspension, undermining his ability to make meaningful representations as required by the disciplinary regulations. However, the court held that the applicant was not validly appointed as a senior manager under the Municipal Systems Act, as his employment contract was never properly concluded and no performance agreement was signed. Consequently, the disciplinary regulations relied upon by the applicant did not apply to him, and his application to lift the suspen…
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Tsietsi v Mmabana Arts, Culture & Sports Foundation and Another (J 1307/12) [2012] ZALCJHB 55 (22 June 2012)
The court found that, in the absence of a duly constituted board, neither the MEC nor the acting CEO had statutory authority to appoint staff to the Foundation. However, as the applicant's appointment had not been set aside by a court, it remained effective and enforceable. The MEC's attempt to terminate the applicant's employment constituted a collateral challenge, which was impermissible in these circumstances; the proper procedure was to bring a review application to set aside the appointment. The MEC had locus standi to participate in the proceedings but lacked authority to act on behalf…
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