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South Africa decisions
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Phetla v Mamusa Local Municipality and Others (UM117/2022) [2022] ZANWHC 37 (1 July 2022)
The court held that Mamusa Local Municipality unlawfully used the 2010 disciplinary regulations for post-2014 financial misconduct proceedings.
Molefe v Dihlabeng Local Municipality [2003] ZAFSHC 35; [2003] ZAFSHC 9 (5 June 2003)
The court found that the council did not validly resolve to place the applicant on compulsory leave, as the matter was not on the agenda nor discussed at the relevant meeting, rendering the purported decision invalid and of no legal effect. The disciplinary code did not require periodic renewal of suspension once charges were laid; the applicant remained suspended until the inquiry's conclusion. Regarding authority to oppose, rule 18(c) permitted urgent opposition without a prior council resolution, but only by designated officials or council nominees, not by mayoral nominees. The acting muni…
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