South African Municipal Workers Union and Others MEC for COGHSTA and Others (J1677/17)
South African Municipal Workers Union and Others MEC for COGHSTA and Others (J1677/17) [2017] ZALCJHB 273 (1 August 2017)
The court found that there was insufficient evidence that the draft policy requiring union observer status was ever formally adopted by council resolution. The documents relied upon by the applicant referred to a draft policy subject to further consultation, with no proof of final adoption. The second respondent complied with the statutory requirements under the Local Government Municipal Systems Act and Regulation 12(3), which do not mandate union observer status. Therefore, the appointment process was lawful, and the applicant was not entitled to the urgent relief sought. The issue of trans…
Source excerpt
- Municipal Manager Appointment
- Internal Policy Compliance
- Observer Status In Selection Panel
- Local Government Systems Act
- Regulation 12 3
- Transparency In Appointments