South Africa Case Law

Marweshe and Others v City of Tshwane Metropolitan Municipality and Others (JR82/2024)

Marweshe and Others v City of Tshwane Metropolitan Municipality and Others (JR82/2024) [2024] ZALCJHB 543 (9 December 2024)

Court

Labour Court Johannesburg

Case number

JR82/2024

Judge

Daniels

The Labour Court dismissed a review of an arbitration award, holding the applicants’ fixed-term municipal contracts were unlawful because the posts were not on the staff establishment.

• Municipal Staff Establishment
• Unlawful Employment Contract
• Jurisdictional Ruling
• Review Of Arbitration Award
• Irregular Expenditure
• Labour-law

South African Municipal Workers Union v Maluti-A-Phofung Municipality and Another (C 488/2023)

South African Municipal Workers Union v Maluti-A-Phofung Municipality and Another (C 488/2023) [2023] ZALCCT 60; (2024) 45 ILJ 173 (LC) (23 October 2023)

Court

Labour Court Cape Town

Case number

C 488/2023

Judge

Lagrange

The Labour Court held that, in line with prevailing Constitutional Court authority, the municipality cannot resort to self-help by unilaterally reversing the promotions and salary increases implemented by the previous acting municipal manager. The lawfulness of the original decision must be determined through proper review proceedings, and only the court has the authority to set aside such decisions. In the absence of a counter-application by the municipality to review the original decision, the court cannot pronounce on its legality. The applicants are entitled to enforce the decision for th…

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• Collective Agreements
• Unilateral Change Of Conditions
• Municipal Staff Establishment
• Self Help
• Judicial Review

Mafube Local Municipality v South African Local Bargaining Council (SALBC) and Others (C526/2020)

Mafube Local Municipality v South African Local Bargaining Council (SALBC) and Others (C526/2020) [2022] ZALCCT 53 (23 September 2022)

Court

Labour Court Cape Town

Case number

C526/2020

Judge

Rabkin-Naicker

The Labour Court found that the arbitrator materially misconstrued the previous Van Der Berg award, incorrectly treating it as binding on the issue of permanency when no such finding was made. The arbitrator committed a material error of law by ordering retrospective reinstatement and back pay at the rate of permanent security guards, based on a misapplication of section 198B of the LRA. Furthermore, the arbitrator failed to apply the correct legal test for reasonable expectation of renewal under section 186(1)(b), neglecting to consider both the subjective and objective elements, including t…

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• Review Of Arbitration Award
• Fixed Term Contracts
• Section 186 1 B Dismissal
• Section 198b Permanency
• Municipal Staff Establishment

Njuze v Makedama and Another (PR11/20)

Njuze v Makedama and Another (PR11/20) [2021] ZALCPE 3 (19 August 2021)

Court

Labour Court Port Elizabeth

Case number

PR11/20

Judge

Z Lallie

The court found that the respondents' defence based on the Municipal Systems Act was a stratagem to perpetuate the unfair labour practice already found by the arbitrator. The certified arbitration award is final and binding and must be enforced as a court order. The respondents' selective compliance undermines the authority and effectiveness of court orders and certified awards. The Labour Relations Act prevails over the Municipal Systems Act in case of conflict. The respondents' conduct was deliberate and mala fide, amounting to contempt of court. The applicant is entitled to appointment and…

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• Contempt Of Court
• Certified Arbitration Award
• Unfair Labour Practice
• Promotion Dispute
• Municipal Staff Establishment

Ndabeni v Municipal Manager: OR Tambo District Municipality and Another (1066/19)

Ndabeni v Municipal Manager: OR Tambo District Municipality and Another (1066/19) [2021] ZASCA 8 (21 January 2021)

Court

Supreme Court of Appeal

Case number

1066/19

Judges

Petse, Zondi, Dambuza, Eksteen, Poyo-Dlwati

The Supreme Court of Appeal held that the municipality’s failure to comply with a declaratory employment order amounted to contempt, and upheld punitive costs.

• Contempt Of Court
• Municipal Staff Establishment
• Declaratory Relief
• Balance Of Probabilities
• Wilful Noncompliance
• Contempt-of-court