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South Africa decisions
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Letsoalo v Kgetleng Local Municipality and Others (4204/2024) [2024] ZANWHC 250 (8 October 2024)
The High Court dismissed an urgent challenge to a municipal manager’s precautionary suspension, finding the council had a reasonable basis under Regulation 6 and awarded costs.
Abaqulusi Local Municipality and Others v Premier of the Province of KwaZulu-Natal and Others (3357/2020P) [2020] ZAKZPHC 30 (30 July 2020)
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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Moadira v Van Eck and Others (JR1875/14) [2017] ZALCJHB 52 (12 January 2017)
The Labour Court corrected an arbitration award on several charges but upheld the employee’s dismissal as substantively fair because the remaining misconduct was serious.
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)
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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Mbatha v Ehlanzeni District Municipality and Others (J1392/2007) [2007] ZALCJHB 76 (23 November 2007)
The Labour Court held that a municipal council could not delegate disciplinary power over a municipal manager to the executive mayor, and set aside the mayor’s notice.
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