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South Africa decisions
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Kgoale v Thaba Chweu Local Municipality and Others (JR19/22) [2024] ZALCJHB 510 (12 December 2024)
Labour Court review dismissed: the municipal manager’s dismissal for procurement irregularities and misuse of Eskom funds was upheld as fair.
Nkosi v Emadlangeni Local Municipality and Another (D495/20) [2020] ZALCD 15 (22 October 2020)
The Labour Court dismissed an urgent application to halt disciplinary proceedings, finding no exceptional circumstances or grave injustice pending review.
Minah v Elias Mostwaledi Local Municipality (J4519/2018) [2018] ZALCJHB 429; [2019] 5 BLLR 481 (LC) (28 December 2018)
The court found that the applicant's suspension was not unlawful. The disciplinary board's recommendations were preliminary and did not preclude the Council from conducting further investigations into serious financial misconduct involving public funds. The applicant, as municipal manager, admitted to the misconduct and failed to demonstrate ignorance of the law was excusable. Her senior position justified the suspension to prevent interference with investigations and witnesses. The municipality complied with the relevant regulations by affording her an opportunity to make representations, wh…
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Mothogoane and Another v Lepelle-Nkumpi Local Municipality and Another (J 4115/18) [2018] ZALCJHB 411; (2019) 40 ILJ 1072 (LC) (11 December 2018)
The court found that the applicants failed to establish on a balance of probabilities that the council resolutions were taken without voting, and in the absence of oral evidence, accepted the respondent's version that the motions were passed unanimously. The suspensions were found to be compliant with Regulation 6, as the applicants were afforded a reasonable opportunity to make representations, which they did not utilize. The reasons for suspension were objectively justifiable given the seriousness of the allegations, the applicants' senior positions, and the need to protect the integrity of…
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Kekana v Mogalakwena Local Municipality (J1229/2015) [2016] ZALCJHB 87 (26 February 2016)
The court found that the applicant failed to establish a case for declaratory or review relief based solely on unlawfulness, as he did not address the fairness of his dismissal or suspension. The Labour Court has jurisdiction to pronounce on unlawfulness of dismissal, but the applicant's challenge was rooted only in alleged procedural defects and lack of authority, without engaging with the substantive fairness of the disciplinary process or the serious charges against him. The applicant's absence from the disciplinary hearing and his focus on litigation rather than responding to the allegati…
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