South Africa Case Law

Nzimande and Another v Newcastle Municipality (DA1/2022)

Nzimande and Another v Newcastle Municipality (DA1/2022) [2024] ZALAC 34; [2024] 11 BLLR 1120 (LAC) (10 July 2024)

Court

Labour Appeal Court

Case number

DA1/2022

Judges

Van Niekerk JA, Nkutha-Nkontwana JA, Govindjee AJA

The Labour Appeal Court held that the municipal manager acted unlawfully and without authority when extending the appellants' fixed-term contracts in direct contravention of a clear council resolution. The principle of legality, as entrenched in the Constitution and relevant statutes, required the manager to act within the council's policy directions. The Labour Court was correct to review and set aside the extensions under section 158(1)(h) of the LRA, and the error in classification did not affect the outcome. The review was instituted within a reasonable time, and procedural irregularities…

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• Illegality Of Contract
• Municipal Manager Authority
• Review Under Lra Section 158 1 H
• Principle Of Legality
• Retrospective Invalidity
• Costs In Labour Appeal

Phokwane Local Municipality v Mabusela N.O. and Others (JR1044/20)

Phokwane Local Municipality v Mabusela N.O. and Others (JR1044/20) [2022] ZALCJHB 117 (7 March 2022)

Court

Labour Court Johannesburg

Case number

JR1044/20

Judge

G N Moshoana

The Labour Court reviewed and set aside an award for a car allowance, holding that no enforceable municipal agreement existed and no unfair labour practice was proved.

• Unfair Labour Practice
• Benefits
• Municipal Manager Authority
• Contractual Nullity
• Car Allowance
• Unfair-labour-practice

Matjhabeng Municipality v Njilo (A261/2013)

Matjhabeng Municipality v Njilo (A261/2013) [2014] ZAFSHC 219 (11 December 2014)

Court

Free State High Court, Bloemfontein

Case number

A261/2013

Judges

NAIDOO, MOENG

The court held that section 55(1) of the Municipal Systems Act does not authorise a municipal manager to act as agent of a municipality in launching an application in court. The executive authority to institute legal proceedings is vested in the municipal council, and any delegation of such authority must be in writing or by council resolution. The appellant failed to provide evidence of such delegation or resolution empowering the municipal manager to act in this matter. The mere appointment of a municipal manager and reliance on statutory provisions regarding administrative responsibilities…

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• Municipal Manager Authority
• Locus Standi
• Delegation Of Powers
• Municipal Systems Act
• Council Resolution Requirement

Mautitious and Others v Maquassi Hills Local Municipality and Others (J816/2014)

Mautitious and Others v Maquassi Hills Local Municipality and Others (J816/2014) [2014] ZALCJHB 171 (12 May 2014)

Court

Labour Court Johannesburg

Case number

J816/2014

Judge

Tlhotlhalemaje

The court found that Motala, as Administrator appointed under section 139 of the Constitution, had the requisite executive authority to conclude the settlement agreement on behalf of the first respondent. Jonas lacked authority to oppose the application or instruct attorneys, as his appointment as Municipal Manager had been declared null and void in previous judgments and Motala had expressly excluded him from giving instructions. The urgency of the application was justified as the applicants acted promptly after being prevented from taking up their positions, and delay would risk irreparable…

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• Settlement Agreement
• Urgent Application
• Municipal Manager Authority
• Costs Order
• Section 158 1 C
• Section 139 Constitution

Thobejane v Mogalakwena Municipality (J2441/10)

Thobejane v Mogalakwena Municipality (J2441/10) [2010] ZALCJHB 340 (7 December 2010)

Court

Labour Court Johannesburg

Case number

J2441/10

Judge

Steenkamp

The court found that the municipal manager's appointment had not been challenged and must be accepted as valid. The employer followed a bifurcated procedure under clause 14 of the contract, giving the applicant an opportunity to make representations before suspension and a further opportunity to respond within seven working days after suspension. Although the initial period to respond was short, the process was not unlawful or invalid, and the applicant, an admitted advocate, was aware of his rights but did not utilize the full opportunity to make representations. The suspension was based on…

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• Precautionary Suspension
• Audi Alteram Partem
• Contractual Compliance
• Unfair Labour Practice
• Municipal Manager Authority

South African Municipal Workers Union (SAMWU) and Others v Kannaland Municipality (CA5/2007)

South African Municipal Workers Union (SAMWU) and Others v Kannaland Municipality (CA5/2007) [2010] ZALAC 2; (2010) 31 ILJ 1819 (LAC) ; [2010] 12 BLLR 1243 (LAC) (29 January 2010)

Court

Labour Appeal Court

Case number

CA5/2007

Judges

Tlaletsi, Waglay, Khampepe

The Labour Appeal Court upheld operational-requirements dismissals by Kannaland Municipality and dismissed the appeal, finding consultation failures did not justify compensation.

• Retrenchment
• Operational Requirements Dismissal
• Municipal Manager Authority
• Procedural Fairness
• Collective Bargaining
• Settlement Agreement

Nelson Mandela Metropolitan Municipality v Greyvenouw CC (3263/02)

Nelson Mandela Metropolitan Municipality v Greyvenouw CC (3263/02) [2003] ZAECHC 5; 2004 (2) SA 81 (SE) (21 February 2003)

Court

High Courts - Eastern Cape

Case number

3263/02

Judge

C Plasket

The court found that the respondents operated the Crazy Zebra in breach of zoning conditions by using erf 1882 for business purposes while its rezoning was subject to an unresolved appeal, rendering such use unlawful. The respondents also contravened the Noise Control Regulations and caused a noise nuisance on erf 1883, as established by expert evidence and corroborated by affected residents. The court held that the municipal manager was properly authorised to institute proceedings and that the voluntary association had legal standing. The urgency of the application was justified due to ongoi…

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• Zoning Scheme Enforcement
• Noise Nuisance
• Standing Of Voluntary Association
• Municipal Manager Authority
• Urgent Interdict
• Interpretation Of Zoning Conditions