South Africa Case Law

Tshabalala v Moqhaka Local Municipality and Another (JA88/2024)

Tshabalala v Moqhaka Local Municipality and Another (JA88/2024) [2024] ZALAC 60; [2025] 2 BLLR 189 (LAC); (2025) 46 ILJ 590 (LAC) (21 November 2024)

Court

Labour Appeal Court

Case number

JA88/2024

Judges

Savage, Van Niekerk, Govindjee

The Labour Appeal Court held that the Labour Court erred in its interpretation of when a disciplinary hearing commences under Regulation 6(6)(a) of the Local Government: Disciplinary Regulations for Senior Managers, 2010. The regulations require that the disciplinary hearing must commence within three months of suspension, and commencement is defined by the convening of the hearing and the reading out of charges by the presiding officer, not merely by service of charges. Since no hearing was convened within three months, the appellant's suspension lapsed automatically on 31 May 2024. The appe…

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• Precautionary Suspension
• Disciplinary Hearing Commencement
• Local Government Disciplinary Regulations
• Employment Contract Enforcement

Ndaba v Mavundla and Others (18155/2023P)

Ndaba v Mavundla and Others (18155/2023P) [2023] ZAKZPHC 155 (20 December 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

18155/2023P

Judge

P C Bezuidenhout

The court adjourned an urgent municipal dispute to allow opposition and reply papers on intervention applications, reserving costs.

• Municipal Manager Suspension
• Intervention Application
• Precautionary Suspension
• Local Government Disciplinary Regulations
• Municipal-manager-suspension
• Intervention-application

Mokoena v West Rand District Municipality and Others (39460/19)

Mokoena v West Rand District Municipality and Others (39460/19) [2019] ZAGPJHC 477 (10 December 2019)

Court

South Gauteng High Court, Johannesburg

Case number

39460/19

Judge

Molahlehi

Urgent application to set aside a municipal manager’s suspension was struck off the roll because the applicant failed to prove urgency under Rule 6(12).

• Precautionary Suspension
• Local Government Disciplinary Regulations
• Urgency In High Court
• Legality And Rule Of Law
• Urgency-in-high-court
• Precautionary-suspension

Chanda v Ratlou Local Municipality (J4584/2018)

Chanda v Ratlou Local Municipality (J4584/2018) [2018] ZALCJHB 428 (28 December 2018)

Court

Labour Court Johannesburg

Case number

J4584/2018

Judge

Tlhotlhalemaje

The Labour Court found that the Council's decision to place the applicant on forced special leave was unlawful, as there was no legal or contractual basis for such action. The respondent failed to comply with the Local Government: Disciplinary Regulations for Senior Managers, which require notice, an opportunity to make representations, and a rational basis for suspension. The court rejected the respondent's arguments regarding urgency, jurisdiction, and the existence of a contract, finding that the applicant had established a clear right to relief. The Council's conduct was found to be a sub…

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• Municipal Manager Suspension
• Local Government Disciplinary Regulations
• Unlawful Administrative Action
• Natural Justice
• Urgent Interdict

Rudman v Maquassi Hills Local Municipality and Others (J1472/13)

Rudman v Maquassi Hills Local Municipality and Others (J1472/13) [2013] ZALCJHB 166; (2014) 35 ILJ 765 (LC) (30 July 2013)

Court

Labour Court Johannesburg

Case number

J1472/13

Judge

Steenkamp

Labour Court case on unlawful disciplinary proceedings and punitive de bonis propriis costs against a municipal manager and attorneys acting without authority.

• Disciplinary Proceedings
• Mandate Of Attorney
• Costs De Bonis Propriis
• Municipal Systems Act
• Local Government Disciplinary Regulations
• Costs-de-bonis-propriis

Lebu v Maquassie Hills Local Municipality and Others (J 2695/11)

Lebu v Maquassie Hills Local Municipality and Others (J 2695/11) [2011] ZALCJHB 248; (2012) 33 ILJ 2623 (LC) (7 December 2011)

Court

Labour Court Johannesburg

Case number

J 2695/11

Judge

A van Niekerk

The court held that the municipality breached regulation 6 of the Local Government: Disciplinary Regulations for Senior Managers, 2010, by failing to provide the applicant with seven days' notice and a proper justification for his suspension before making a final decision. The regulation requires an in-principle decision to suspend, followed by a meaningful opportunity for the affected manager to make representations regarding both the alleged misconduct and the purpose of the suspension. The municipality's failure to articulate the purpose and provide adequate notice rendered the suspension…

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• Precautionary Suspension
• Local Government Disciplinary Regulations
• Audi Alteram Partem
• Unlawful Suspension