South Africa Case Law

George Municipality v Van Staden (12734/2020)

George Municipality v Van Staden (12734/2020) [2021] ZAWCHC 195; (2021) 42 ILJ 2714 (WCC) (4 October 2021)

Court

Western Cape High Court, Cape Town

Case number

12734/2020

Judge

M Sher

The court found that the municipality's delay in instituting review proceedings was egregious and unreasonable, spanning several years from when it ought reasonably to have become aware of the irregularities in the appointment process. The explanation provided for the delay was materially unsatisfactory, and the municipality failed to act with the requisite diligence expected of an organ of state. The irregularity in the appointment process was not manifestly unlawful or unconstitutional, but rather an inadvertent breach of municipal policy without evidence of corruption or undue influence. T…

Source excerpt

• Municipal Recruitment Policy
• Unreasonable Delay
• Legality Review
• Public Protector Remedial Action
• Appointment Of Municipal Staff

Ncube v Musina Municipality - Council and Others (JR 2727/2013)

Ncube v Musina Municipality - Council and Others (JR 2727/2013) [2014] ZALCJHB 485 (19 December 2014)

Court

Labour Court Johannesburg

Case number

JR 2727/2013

Judge

Snider

The Labour Court dismissed a review challenge to municipal appointments, finding no reviewable irregularity, no proof of unfairness, and insufficient support for the applicant's allegations.

• Promotion Of Administrative Justice Act
• Unfair Labour Practice
• Municipal Recruitment Policy
• Review Of Administrative Action
• Labour-law
• Municipal-employment