South Africa Case Law

Khali v Uphongolo Local Municipality and Others (2025/058478)

Khali v Uphongolo Local Municipality and Others (2025/058478) [2025] ZALCD 20 (10 June 2025)

Court

Labour Court Durban

Case number

2025/058478

Judge

Allen-Yaman

The court found that the respondents' attorneys were duly authorised to represent the municipality, as the council had ratified the Acting Municipal Manager's actions ex post facto, which is permissible in law. The transcript of the council meeting was rejected as inadmissible due to lack of authenticity and reliability, as the applicant failed to establish its provenance and accuracy, particularly regarding translation from isiZulu to English. The court held that the municipality's Standing Rules and Orders do not require every decision to be taken by vote unless there is disagreement. There…

Source excerpt

• Municipal Manager Suspension
• Disciplinary Regulations For Senior Managers
• Authority To Represent Municipality
• Admissibility Of Electronic Evidence
• Motion Proceedings
• Costs In Labour Disputes

Ndaba v Mavundla and Others (18155/2023P)

Ndaba v Mavundla and Others (18155/2023P) [2023] ZAKZPHC 155 (20 December 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

18155/2023P

Judge

P C Bezuidenhout

The court adjourned an urgent municipal dispute to allow opposition and reply papers on intervention applications, reserving costs.

• Municipal Manager Suspension
• Intervention Application
• Precautionary Suspension
• Local Government Disciplinary Regulations
• Municipal-manager-suspension
• Intervention-application

Chanda v Ratlou Local Municipality (J4584/2018)

Chanda v Ratlou Local Municipality (J4584/2018) [2018] ZALCJHB 428 (28 December 2018)

Court

Labour Court Johannesburg

Case number

J4584/2018

Judge

Tlhotlhalemaje

The Labour Court found that the Council's decision to place the applicant on forced special leave was unlawful, as there was no legal or contractual basis for such action. The respondent failed to comply with the Local Government: Disciplinary Regulations for Senior Managers, which require notice, an opportunity to make representations, and a rational basis for suspension. The court rejected the respondent's arguments regarding urgency, jurisdiction, and the existence of a contract, finding that the applicant had established a clear right to relief. The Council's conduct was found to be a sub…

Source excerpt

• Municipal Manager Suspension
• Local Government Disciplinary Regulations
• Unlawful Administrative Action
• Natural Justice
• Urgent Interdict