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Labour Law [2024] ZAECMHC 58

O.R Tambo District Municipality v Mbewu (5403/2022)

O.R Tambo District Municipality v Mbewu (5403/2022) [2024] ZAECMHC 58 (16 July 2024)

Court
Eastern Cape High Court, Mthatha
Case number
5403/2022
Judge
M.S. Jolwana

The court found that the applicant failed to establish any factual or legal basis for the review and setting aside of the acting municipal manager's decision to withdraw disciplinary charges against the respondent. The Systems Act and the Disciplinary Procedure Collective Agreement do not prohibit the municipal manager from withdrawing charges prior to the commencement of a disciplinary hearing, especially where no evidence has been heard and no plea has been taken. The applicant's argument that the municipal manager becomes functus officio upon constituting a disciplinary panel was rejected…

Source excerpt

  • Municipal Manager Powers
  • Disciplinary Procedure
  • Unfair Dismissal
  • Collective Agreement Interpretation
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Labour Law [2024] ZALAC 35

Monareng v Dr JS Moroka Municipality (JA46/22)

Monareng v Dr JS Moroka Municipality (JA46/22) [2024] ZALAC 35; [2024] 10 BLLR 1029 (LAC); (2024) 45 ILJ 2689 (LAC) (3 July 2024)

Court
Labour Appeal Court
Case number
JA46/22
Judges
Savage, Van Niekerk, Nkutha-Nkontwana

The Labour Appeal Court found that the Municipality failed to provide a valid council resolution and power of attorney authorising opposition to the appeal and the application for further evidence, as required by Rule 6(2) of the Labour Appeal Court Rules. Consequently, the matter proceeded unopposed. The Court admitted further evidence showing that the section 139(1)(b) intervention ended on 31 March 2021, which meant Mr Mhlanga no longer had authority as Administrator when he refused to consent to the withdrawal of Mr Monareng's resignation. The refusal was therefore ultra vires and void. T…

Source excerpt

  • Authority Of Attorneys
  • Municipal Manager Powers
  • Section 139 Intervention
  • Principle Of Legality
  • Withdrawal Of Resignation
  • Admission Of Further Evidence
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Labour Law [2021] ZALCJHB 94

Merafong City Local Municipality v Hobe and Others (JR865/18)

Merafong City Local Municipality v Hobe and Others (JR865/18) [2021] ZALCJHB 94 (4 May 2021)

Court
Labour Court Johannesburg
Case number
JR865/18
Judge
P Nkutha-Nkontwana

The Labour Court found that the municipal manager was not duly authorised by the municipal council, either by resolution or written delegated authority, to institute the review application on behalf of the municipality. Section 55(1) of the Municipal Systems Act does not vest such authority in the municipal manager by virtue of appointment alone. The executive authority to litigate resides with the municipal council, and absent proper authorisation, the municipality was not properly before the court. Consequently, the preliminary point raised by Mr Hobe was upheld, and the application was dis…

Source excerpt

  • Authority To Institute Proceedings
  • Unfair Dismissal
  • Municipal Manager Powers
  • Fixed Term Contracts
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Labour Law [2020] ZALCCT 38

Overberg District Municipality (ODM) v IMATU obo Spangenberg and Others (C 157/18)

Overberg District Municipality (ODM) v IMATU obo Spangenberg and Others (C 157/18) [2020] ZALCCT 38 (10 June 2020)

Court
Labour Court Cape Town
Case number
C 157/18
Judge
Lagrange

The court found that the municipality's explanation for the late filing of the arbitration record was reasonable, given the supply chain management constraints and the length of the audio recordings, although its failure to invoke clause 11.2.3 of the Practice Manual was deprecated. The explanation for the delay in filing the supplementary affidavit was unsatisfactory due to lack of detail, but not so deficient as to bar reinstatement. The municipality met the low threshold for prospects of success, as it raised a bona fide legal issue regarding the arbitrator's interpretation of the municipa…

Source excerpt

  • Labour Court Practice Manual
  • Condonation
  • Review Of Arbitration Award
  • Job Grading
  • Municipal Manager Powers
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.