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Mamusa Local Municipality v Phetla and Others (UM117/2022) [2023] ZANWHC 57 (22 May 2023)
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.
Nothnagel v Karoo Hoogland Municipality and Others (C 431/12) [2012] ZALCCT 19; (2014) 35 ILJ 758 (LC) (11 June 2012)
The court found that the municipality failed to comply with the mandatory requirements of the Disciplinary Regulations for Senior Managers. No independent investigator was appointed within the prescribed period, no investigation report was tabled before council, and there was no evidence that the applicant's representations were properly considered. The respondents merely recited the wording of the regulations without providing substantive reasons for the suspension or establishing objectively justifiable grounds. The applicant suffered ongoing reputational harm, and no suitable alternative r…
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