South Africa Case Law

!Kheis Municipality v Mareka (3180/2022)

!Kheis Municipality v Mareka (3180/2022) [2025] ZAFSHC 38 (6 February 2025)

Court

Free State High Court, Bloemfontein

Case number

3180/2022

Judges

Mhlambi, Jordaan

The court found that it had jurisdiction to hear the matter as the respondent resides within its area and the cause of action relates to his employment. The applicant did not unreasonably delay in bringing the review application, as the delay was satisfactorily explained by the change in municipal management and subsequent discovery of the irregular appointment. The appointment of the respondent was unlawful because the post did not exist on the approved staff establishment and was not approved by council, as required by the Local Government: Municipal Systems Act and its regulations. The Mun…

Source excerpt

• Legality Review
• Municipal Staff Appointments
• Jurisdiction Of High Court
• Delay In Review
• Local Government Structures Act

Legodi v Capricorn District Municipality and Another (2974/2018)

Legodi v Capricorn District Municipality and Another (2974/2018) [2023] ZALMPPHC 94 (9 October 2023)

Court

Limpopo High Court, Polokwane

Case number

2974/2018

Judge

Bresler

The High Court granted condonation but dismissed a review of a municipal appointment, holding that the municipal manager retained discretion and was not bound by the interview panel.

• Promotion Of Administrative Justice Act
• Municipal Staff Appointments
• Judicial Review
• Condonation
• Employment Equity
• Reasonableness Of Administrative Action

Thaba Chweu Local Municipality v Koma and Others (J2106/2013)

Thaba Chweu Local Municipality v Koma and Others (J2106/2013) [2018] ZALCJHB 103 (13 March 2018)

Court

Labour Court Johannesburg

Case number

J2106/2013

Judge

E. Tlhotlhalemaje

The Labour Court reviewed and set aside a municipal settlement agreement and placement letters, finding the municipal manager acted without Council authority.

• Municipal Staff Appointments
• Delegation Of Authority
• Collective Agreements
• Unlawful Administrative Action
• Placement Committee Powers
• Municipal-staff-appointments