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South Africa Case Law

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Labour Law [2025] ZALCPE 6

Inxuba Yethemba Municipality v Msweli and Others (PR198/21)

Inxuba Yethemba Municipality v Msweli and Others (PR198/21) [2025] ZALCPE 6; [2025] 7 BLLR 710 (LC); (2025) 46 ILJ 1725 (LC) (7 April 2025)

Court
Labour Court Port Elizabeth
Case number
PR198/21
Judge
Kroon, AJ

The Labour Court found that the arbitrator failed to properly evaluate the gravity of the municipal manager's misconduct, which included the unlawful appointment of a service provider without following supply chain management procedures and the approval of a variation order in excess of financial delegations. The arbitrator incorrectly minimized the seriousness of the misconduct, disregarded the statutory and fiduciary duties of the municipal manager, and failed to appreciate the element of dishonesty and the destruction of the trust relationship. The municipal manager's conduct was accompani…

Source excerpt

  • Financial Misconduct
  • Municipal Manager Dismissal
  • Supply Chain Management
  • Regulation 36 Deviation
  • Irregular Expenditure
  • Disciplinary Procedure
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Administrative Law [2019] ZAGPJHC 540

Marce Projects (Pty) Ltd and Another v City of Johannesburg Metropolitan Municipality and Another (33992/2019)

Marce Projects (Pty) Ltd and Another v City of Johannesburg Metropolitan Municipality and Another (33992/2019) [2019] ZAGPJHC 540; [2020] 2 All SA 157 (GJ) (17 December 2019)

Court
South Gauteng High Court, Johannesburg
Case number
33992/2019
Judge
L T Modiba

The court found that the applicants, as targeted bidders under the Regulation 36 procurement process, have locus standi to challenge the awarding of the tender to TFM. The urgency of the application was justified due to the City's failure to provide information and the risk of the tender being fully implemented, which would undermine the effectiveness of any relief granted in the review. The requirements for an interim interdict were met: the applicants established a prima facie right to participate in a lawful procurement process and to protect public resources; there was a well-grounded app…

Source excerpt

  • Municipal Procurement
  • Interim Interdict
  • Section 217 Constitution
  • Regulation 36 Deviation
  • Public Interest
  • Locus Standi
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.