South Africa Case Law

Letsholonyane v Minister of Human Settlements and Another (J616/23)

Letsholonyane v Minister of Human Settlements and Another (J616/23) [2023] ZALCJHB 147; [2023] 8 BLLR 796 (LC); (2023) 44 ILJ 1740 (LC) (15 May 2023)

Court

Labour Court Johannesburg

Case number

J616/23

Judge

M Makhura

The Labour Court found that the applicant's summary dismissal was effected without compliance with the mandatory disciplinary procedures set out in Chapter 7 of the SMS Handbook, which forms part of her contract of employment. The Minister acted unlawfully by assuming the roles of complainant, witness, initiator, and decision-maker, thereby denying the applicant a fair hearing and breaching the contract. The Court held that it had jurisdiction to entertain the breach of contract claim and that the matter was urgent due to the imminent loss of employment benefits and the applicant's proximity…

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• Breach Of Employment Contract
• Specific Performance
• Disciplinary Code
• Senior Management Service Handbook
• Unlawful Dismissal

Mbude v Premier of the Eastern Cape and Others (218/2022)

Mbude v Premier of the Eastern Cape and Others (218/2022) [2022] ZAECBHC 9; [2022] 9 BLLR 859 (ECB) (3 May 2022)

Court

Eastern Cape High Court, Bhisho

Case number

218/2022

Judge

Govindjee

The court found that the Premier had prima facie reason to believe the applicant, as accounting officer, had committed serious misconduct relating to delayed delivery of textbooks and stationery, late payment of Education Assistants, and forfeiture of infrastructure grant funds. The Premier's belief that the applicant's continued presence might jeopardise the investigation was reasonable and justifiable, satisfying the requirements of the SMS Handbook. The applicant's arguments regarding prejudice to her reputation and departmental functioning did not establish exceptional urgency. The allega…

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• Precautionary Suspension
• Abuse Of Power
• Senior Management Service Handbook
• Urgency In Interdicts
• Doctrine Of Legality

Marhule v Minister of Home Affairs and Others (J 533/2021)

Marhule v Minister of Home Affairs and Others (J 533/2021) [2021] ZALCJHB 63 (30 May 2021)

Court

Labour Court Johannesburg

Case number

J 533/2021

Judge

Tlhotlhalemaje

The Labour Court dismissed an urgent bid to stop legal representation in a disciplinary hearing, holding the application lacked urgency and exceptional grounds.

• Legal Representation In Disciplinary Hearings
• Senior Management Service Handbook
• Urgent Interdict
• Exceptional Circumstances
• Internal Disciplinary Proceedings
• Urgent-interdict

Madumo v MEC for Agricultural and Rural Development, North West Province (76/2011)

Madumo v MEC for Agricultural and Rural Development, North West Province (76/2011) [2012] ZANWHC 53 (31 May 2012)

Court

North West High Court, Mafikeng

Case number

76/2011

Judge

N Gutta

The court dismissed a claim for permanent appointment, finding no binding promise by the MEC to appoint the applicant as director.

• Public Service Appointments
• Contractual Promises
• Legitimate Expectation
• Senior Management Service Handbook
• Public Service Act
• Remedies For Breach Of Contract

Mpati v Premier of Free State Provincial Government and Others (J593/2011)

Mpati v Premier of Free State Provincial Government and Others (J593/2011) [2011] ZALCJHB 276 (11 May 2011)

Court

Labour Court Johannesburg

Case number

J593/2011

Judge

Gush

Urgent application to invalidate a suspension and compel reinstatement was dismissed; the court found no urgency and an adequate alternative labour remedy.

• Unfair Suspension
• Senior Management Service Handbook
• Urgent Interdict
• Alternative Remedy
• Disciplinary Enquiry
• Urgent-application

Lekabe v Minister Department of Justice And Constitutional Development (J1092/08)

Lekabe v Minister Department of Justice And Constitutional Development (J1092/08) [2009] ZALCJHB 95 (5 February 2009)

Court

Labour Court Johannesburg

Case number

J1092/08

Judge

Molahlehi

The court held that clause 2.7(2)(c) of the Senior Management Service Handbook addresses the duration of precautionary suspension and not the employer's right to discipline. The expiry of the 60-day period does not extinguish the employer's prerogative to proceed with disciplinary action. The intention behind the clause is to prevent prolonged suspensions that unfairly prejudice employees, not to create a prescription period for disciplinary proceedings. The applicant's suspension beyond 60 days was invalid, but the respondent retained the right to continue with the disciplinary hearing. The…

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• Precautionary Suspension
• Disciplinary Code Interpretation
• Unfair Labour Practice
• Senior Management Service Handbook
• Employment Contractual Rights

Lekabe v Minister Department of Justice and Constitutional Development (J1092/08)

Lekabe v Minister Department of Justice and Constitutional Development (J1092/08) [2009] ZALC 18; (2009) 30 ILJ 2444 (LC) (5 February 2009)

Court

Labour Court

Case number

J1092/08

Judge

Molahlehi

The court held that clause 2.7(2)(c) of the Senior Management Service Handbook regulates the period of suspension, not the right to discipline. The employer does not lose the right to discipline the employee after 60 days; rather, the suspension falls away unless extended by the chairperson of the disciplinary hearing. The purpose of the clause is to prevent protracted suspensions that unfairly prejudice employees, not to bar disciplinary action. The applicant's application to interdict the disciplinary hearing was dismissed, but the court ordered that the suspension beyond 60 days was invali…

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• Precautionary Suspension
• Disciplinary Code Interpretation
• Unfair Labour Practice
• Senior Management Service Handbook

Malambo and Another v Head of Department: NW Department of Agriculture, Conservation, Environment and Tourism and Another (CA 1202/06)

Malambo and Another v Head of Department: NW Department of Agriculture, Conservation, Environment and Tourism and Another (CA 1202/06) [2006] ZANWHC 69 (16 November 2006)

Court

North West High Court, Mafikeng

Case number

CA 1202/06

Judge

A A Landman

The High Court held that the applicants did not waive their right to object to a late disciplinary hearing and interdicted the Department from proceeding.

• Disciplinary Procedure
• Precautionary Suspension
• Waiver Of Rights
• Interdict
• Senior Management Service Handbook
• Disciplinary-procedure

Head of Department: North-West Department of Agriculture, Conservation and Environment and Another v Malambo and Another (1202/06)

Head of Department: North-West Department of Agriculture, Conservation and Environment and Another v Malambo and Another (1202/06) [2006] ZANWHC 1 (1 January 2006)

Court

North West High Court, Mafikeng

Case number

1202/06

Judge

A Landman

The court granted leave to appeal to a full bench, finding a reasonable prospect another court might differ on the legal effect of the handbook concession.

• Disciplinary Hearing
• Suspension Of Employees
• Senior Management Service Handbook
• Procedural Fairness
• Leave-to-appeal
• Disciplinary-hearing