South Africa Case Law

Inxuba Yethemba Municipality v Msweli and Others (PR198/21)

Inxuba Yethemba Municipality v Msweli and Others (PR198/21) [2025] ZALCPE 6; [2025] 7 BLLR 710 (LC); (2025) 46 ILJ 1725 (LC) (7 April 2025)

Court

Labour Court Port Elizabeth

Case number

PR198/21

Judge

Kroon, AJ

The Labour Court found that the arbitrator failed to properly evaluate the gravity of the municipal manager's misconduct, which included the unlawful appointment of a service provider without following supply chain management procedures and the approval of a variation order in excess of financial delegations. The arbitrator incorrectly minimized the seriousness of the misconduct, disregarded the statutory and fiduciary duties of the municipal manager, and failed to appreciate the element of dishonesty and the destruction of the trust relationship. The municipal manager's conduct was accompani…

Source excerpt

• Financial Misconduct
• Municipal Manager Dismissal
• Supply Chain Management
• Regulation 36 Deviation
• Irregular Expenditure
• Disciplinary Procedure

Sikhundla v Alfred Nzo District Municipality and Others (2666/2024)

Sikhundla v Alfred Nzo District Municipality and Others (2666/2024) [2024] ZAECMHC 66 (20 August 2024)

Court

Eastern Cape High Court, Mthatha

Case number

2666/2024

Judge

M.S. Jolwana

The High Court granted an urgent interim interdict stopping a municipal disciplinary hearing against a senior manager pending the review in Part B.

• Disciplinary Regulations For Senior Managers
• Interim Interdict
• Jurisdiction Of High Court
• Contract Of Employment
• Urgency
• Municipal Manager Dismissal

Bitou Municipality v South African Local Government Bargaining Council and Others (C1019/2012)

Bitou Municipality v South African Local Government Bargaining Council and Others (C1019/2012) [2014] ZALCCT 66 (24 October 2014)

Court

Labour Court Cape Town

Case number

C1019/2012

Judge

Lallie

Labour Court review of a municipal dismissal award. Condonation was granted, and the arbitration award was set aside for failure to properly assess the evidence.

• Review Of Arbitration Award
• Condonation
• Procedural Fairness
• Substantive Fairness
• Municipal Manager Dismissal
• Remittal For Fresh Arbitration

Khawula v Dannhauser Local Municipality and Another (5248/08)

Khawula v Dannhauser Local Municipality and Another (5248/08) [2009] ZAKZPHC 53 (6 November 2009)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5248/08

Judge

Van Zÿl

The court found that the Local Government: Municipal Performance Regulations and the disciplinary code of the South African Local Government Bargaining Council did not apply to the applicant's employment contract, as the contract was concluded before the regulations came into force. Clause 4.2 of the contract provided for an appeals procedure but did not make the appeal tribunal's recommendations binding on the employer. The council of the first respondent was entitled to make the final decision regarding the applicant's dismissal. The applicant was given an opportunity to make representation…

Source excerpt

• Municipal Manager Dismissal
• Disciplinary Code Interpretation
• Ultra Vires
• Procedural Fairness
• Substantive Fairness