South Africa Case Law

Makgata v Fetakgomo Tubatse Local Municipality and Others (686/2025)

Makgata v Fetakgomo Tubatse Local Municipality and Others (686/2025) [2025] ZALMPPHC 108 (3 June 2025)

Court

Limpopo High Court, Polokwane

Case number

686/2025

Judge

M Z Makoti

The court found that the High Court has jurisdiction to adjudicate legality matters arising from employment relations, including the lawfulness of the applicant's suspension and disciplinary proceedings. The Municipality failed to commence the disciplinary hearing within three months as required by regulation 6(6)(a), since the charges were not read out to the applicant within the prescribed period. The Municipality's procedural errors, including improper venue and insufficient notice, were its own fault and did not justify blaming the applicant. The suspension therefore lapsed automatically…

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• Precautionary Suspension
• Disciplinary Proceedings
• Local Government Regulations
• Interim Interdict
• Jurisdiction Of High Court

MEC for Department Cooperative Governance, Human Settlement and Traditional Affairs, Limpopo Province and Others v Sekgota (Appeal) (HCAA4/2024)

MEC for Department Cooperative Governance, Human Settlement and Traditional Affairs, Limpopo Province and Others v Sekgota (Appeal) (HCAA4/2024) [2024] ZALMPPHC 188 (22 November 2024)

Court

Limpopo High Court, Polokwane

Case number

HCAA4/2024

Judges

M.G Phatudi, M. Naude-Odendaal, G.J. Diamond

The Full Court upheld an appeal over a municipal manager appointment, holding the selection panel complied with Regulation 12 and the appointment was valid.

• Municipal Manager Appointment
• Local Government Regulations
• Selection Panel Composition
• Judicial Review Of Administrative Action
• Interpretation Of Statutes
• Municipal-manager-appointment

Penxa v Central Karoo District and Others (4913/24)

Penxa v Central Karoo District and Others (4913/24) [2024] ZAWCHC 151 (5 June 2024)

Court

Western Cape High Court, Cape Town

Case number

4913/24

Judge

DM Thulare

The court found that the appointment of the fourth respondent as Municipal Manager did not comply with the prescribed competency requirements under the LGMSA and its Regulations. The evidence showed that the fourth respondent achieved only a 'basic' level in the competency assessment, which, according to the regulatory framework, rendered him unsuitable for the position. The court rejected the respondents' interpretation that 'basic' was sufficient, holding that only candidates assessed as 'competent' or higher meet the statutory requirements. The recruitment process was further tainted by ir…

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• Municipal Manager Appointment
• Competency Requirements
• Local Government Regulations
• Principle Of Legality
• Promotion Of Administrative Justice Act
• Urgent Review

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

Goba v Rand West City Local Municipality and Another (J1069/21)

Goba v Rand West City Local Municipality and Another (J1069/21) [2021] ZALCJHB 301 (20 September 2021)

Court

Labour Court Johannesburg

Case number

J1069/21

Judge

G N Moshoana

The court held that the disciplinary hearing commenced when the applicant was served with a charge sheet within the prescribed three-month period, in line with the principle established in Ntsimane. Therefore, the suspension did not lapse automatically. The chairperson was empowered under both the employment contract and the regulations to extend the precautionary suspension. The applicant failed to establish any factual or legal basis for the review, and the chairperson's decision was not reviewable under section 158(1)(h) as it did not involve the exercise of public power. The application w…

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• Precautionary Suspension
• Disciplinary Hearing Procedure
• Review Of Chairperson Decision
• Local Government Regulations

Abaqulusi Local Municipality and Others v Premier of the Province of KwaZulu-Natal and Others (3357/2020P)

Abaqulusi Local Municipality and Others v Premier of the Province of KwaZulu-Natal and Others (3357/2020P) [2020] ZAKZPHC 30 (30 July 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

3357/2020P

Judge

Koen

The court found that the municipality had failed to fulfil its executive obligation to institute disciplinary proceedings against the municipal manager, Mr Ntanzi, despite serious allegations of misconduct. Section 139 of the Constitution empowers the provincial executive to intervene and assume responsibility for such obligations, including disciplinary action, to the extent necessary to maintain essential standards and proper governance. The distinction between executive and administrative action does not preclude the provincial executive from intervening in disciplinary matters. The impugn…

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• Section 139 Intervention
• Municipal Manager Discipline
• Ultra Vires Executive Action
• Procedural Fairness
• Precautionary Suspension
• Local Government Regulations

Madikizela v City of Ekurhuleni Metropolitan Municipality and Others (J2314/18)

Madikizela v City of Ekurhuleni Metropolitan Municipality and Others (J2314/18) [2018] ZALCJHB 246 (13 July 2018)

Court

Labour Court Johannesburg

Case number

J2314/18

Judge

Lagrange

Urgent application to halt a municipal disciplinary enquiry was dismissed. The court found no prima facie regulatory challenge, but acknowledged a contractual right to pre-dismissal arbitration.

• Disciplinary Proceedings
• Pre Dismissal Arbitration
• Specific Performance
• Municipal Employment Contracts
• Urgent Interdict
• Local Government Regulations

United Democratic Movement v Enoch Mgijima Local Municipality and Others (2436/2017)

United Democratic Movement v Enoch Mgijima Local Municipality and Others (2436/2017) [2017] ZAECGHC 77 (6 July 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

2436/2017

Judge

NG Beshe

The court discharged a rule nisi in an urgent challenge to a municipal manager appointment, holding the applicant lacked authority and urgency was self-created.

• Municipal Manager Appointment
• Local Government Regulations
• Urgency
• Locus Standi
• Local-government
• Municipal-manager-appointment

Ensemble Trading 535 (Pty) Ltd v Mangaung Metropolitan Municipality and Others (4875/2014)

Ensemble Trading 535 (Pty) Ltd v Mangaung Metropolitan Municipality and Others (4875/2014) [2015] ZAFSHC 85 (30 April 2015)

Court

Free State High Court, Bloemfontein

Case number

4875/2014

Judge

J P Daffue

The High Court ordered the municipality to process an SDF amendment application under section 34 and regulation 3, rejecting a township-establishment prerequisite.

• Municipal Systems Act
• Spatial Development Framework
• Integrated Development Plan
• Local Government Regulations
• Fair Administrative Action
• Municipal-systems-act

Tsietsi v City of Matlosana Local Municipality and Another (J404/15)

Tsietsi v City of Matlosana Local Municipality and Another (J404/15) [2015] ZALCJHB 92; [2015] 7 BLLR 749 (LC); (2015) 36 ILJ 2158 (LC) (13 March 2015)

Court

Labour Court Johannesburg

Case number

J404/15

Judge

Rabkin-Naicker

The court held that the requirements of Regulation 6 were satisfied by the precautionary suspension letter, which set out the allegations and the justification for suspension with sufficient particularity to allow the applicant to make representations. The suspension was precautionary, not punitive, and the regulation does not require the municipality to provide exhaustive detail or evidence at the suspension stage. The applicant was afforded an opportunity to respond but chose not to do so substantively. The court emphasized that the purpose of precautionary suspension is to protect the inte…

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• Precautionary Suspension
• Municipal Manager Discipline
• Procedural Fairness
• Local Government Regulations