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South Africa decisions
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Bojosinyane v Ditsobotla Local Municipality (2025/013682) [2025] ZALCJHB 119 (20 March 2025)
The Labour Court ordered two municipal officials to pay the costs of an urgent application personally, jointly and severally, on a party-and-party scale.
Sibanyoni v Speaker of the City of Mbombela and Others (J 828/2024) [2024] ZALCJHB 309; (2024) 45 ILJ 2808 (LC) (19 August 2024)
The Labour Court found that the Council of the City of Mbombela acted unlawfully in placing the applicant on forced special leave. The applicable regulations under the Local Government: Municipal Systems Act and related disciplinary codes only permit special leave at the request of the employee, not as a unilateral measure imposed by the employer. The Council failed to follow the prescribed disciplinary procedures for precautionary suspension, and no evidence was presented of a special leave policy justifying the action. The court rejected the respondents' arguments on urgency and jurisdictio…
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Dyakala v Emfuleni Local Municipality and Others (2023-090199) [2023] ZAGPJHC 1337 (17 November 2023)
Urgent application to set aside municipal disciplinary proceedings and dismissal failed for lack of urgency, insufficient detail in the papers, and risk of conflicting orders.
Jonker v De Wee and Others (1859/2023) [2023] ZANCHC 73 (3 November 2023)
The High Court dismissed urgent interim relief sought by a municipal manager challenging rescission of his permanent appointment, but ordered a partial costs contribution.
Dr. Pixley Ka Isaka Seme Local Municipality v South African Local Government Bargaining Council and Others (JR409/2019) [2023] ZALCJHB 99 (12 April 2023)
The Labour Court dismissed a municipality’s review of an award reinstating an employee dismissed after a burglary loss linked to an unsecured safe.
George v Nyoka and Others (J214/23) [2023] ZALCJHB 70; [2023] 7 BLLR 654 (LC) (10 March 2023)
The Labour Court dismissed an urgent application to halt a municipal disciplinary hearing, finding self-created urgency, no pleaded jurisdiction, and abuse of process.
King Sabata Dalindyebo Municipality Employess - Access Control Officers v King Sabata Dalindyebo Municipality (CA 14/2022) [2022] ZAECMHC 49 (13 December 2022)
The appeal succeeded in a dispute over unpaid overtime accountings, with the court ordering the municipality to render a proper account and debate it with employees.
Mayana v Executive Mayor: Nelson Mandela and Others (1655/2022) [2022] ZAECQBHC 19 (5 August 2022)
The court found that the applicant was a contract employee whose appointment was political and governed strictly by the terms of the Memorandum of Agreement. The applicant was not entitled to the disciplinary procedures or benefits applicable to permanent municipal employees, nor was the Collective Agreement applicable to his position. Although the respondents initially failed to comply with the contractual notice period for termination, they rectified this by compensating the applicant for two weeks in lieu of notice before the application was instituted. The court held that the applicant ha…
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Mvulo and Others v Amathole District Municipality and Another (P16/22) [2022] ZALCPE 12 (17 June 2022)
The Labour Court found the municipality and its accounting officer guilty of contempt for failing to comply with an earlier order to pay travel allowances.
Qaba v Johnson and Another (981/2022) [2022] ZAECQBHC 7 (12 April 2022)
The court found that the Executive Mayor acted without lawful authority in summarily terminating the applicant's employment as a senior manager. The Municipal Systems Act and the Disciplinary Regulations for Senior Managers vest the power to discipline and dismiss senior managers exclusively in the municipal council, subject to prescribed procedures. The respondent did not claim or prove any delegated authority, nor did she follow any lawful process. The reasons advanced for termination related to alleged misconduct, which must be dealt with through the statutory disciplinary framework. The r…
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