South Africa Case Law

School Governing Body of Pula-Madibogo Primary School and Another v Head of Department of Education, Limpopo and Others (8941/2023)

School Governing Body of Pula-Madibogo Primary School and Another v Head of Department of Education, Limpopo and Others (8941/2023) [2023] ZALMPPHC 98 (19 October 2023)

Court

Limpopo High Court, Polokwane

Case number

8941/2023

Judge

Bresler

The High Court reviewed and set aside decisions blocking a school’s recommended appointment to a vacant post, finding the refusal unlawful and urgent.

• Promotion Of Administrative Justice Act
• Review Of Administrative Action
• School Governance
• Right To Basic Education
• Staff Establishment
• Urgent Interdict

Enoch Mgijima Local Municipality and Another v Dingani and Another; In re: Enoch Mgijima Local Municipality and Another v Dayi; In re: Enoch Mgijima Local Municipality and Another v Siqhaza (583/2019; 686/2019; 634/2019)

Enoch Mgijima Local Municipality and Another v Dingani and Another; In re: Enoch Mgijima Local Municipality and Another v Dayi; In re: Enoch Mgijima Local Municipality and Another v Siqhaza (583/2019; 686/2019; 634/2019) [2020] ZAECGHC 42; [2020] 3 All SA 135 (ECG) (12 May 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

583/2019; 686/2019; 634/2019

Judge

M.S. Jolwana

The court found that the appointments of the respondents as general managers were made in contravention of sections 56 and 66 of the Municipal Systems Act and the applicable regulations. The organogram creating the posts was unlawfully adopted, lacking compliance with regulation 4(7), proper job descriptions, and disclosure of financial implications. The recruitment process failed to require or assess prescribed minimum qualifications and competencies, and the appointments were made without council approval, in breach of statutory and constitutional requirements. The respondents did not demon…

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• Municipal Systems Act
• Appointment Of Senior Managers
• Principle Of Legality
• Staff Establishment
• Condonation For Delay
• Public Administration Principles

Moerane v Buffalo City Metropolitan Municipality and Others (CA161/2018)

Moerane v Buffalo City Metropolitan Municipality and Others (CA161/2018) [2020] ZAECGHC 18; (2020) 41 (ILJ) 1869 (ECG) (3 March 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

CA161/2018

Judges

J.E. Smith, N.G. Beshe, S.M. Mfenyana

The High Court dismissed an appeal over a municipal appointment, holding the appointment null and void because the candidate lacked prescribed competencies and the panel was improperly constituted.

• Municipal Appointments
• Competency Assessment
• Nullity Of Administrative Action
• Composition Of Selection Panel
• Specific Performance
• Staff Establishment

Ndabeni v Municipal Manager and Another (344/2019)

Ndabeni v Municipal Manager and Another (344/2019) [2019] ZAECMHC 28 (6 June 2019)

Court

Eastern Cape High Court, Mthatha

Case number

344/2019

Judge

R E Griffiths

The court found that the order granted by Mjali J declaring the applicant a permanent employee and directing payment of salary and benefits was a nullity, as it contravened section 66 of the Municipal Systems Act, which prohibits employment unless the post is provided for in the staff establishment. The factual basis for the respondents' contention that no such post exists was unchallenged. The court held that the requirements for res judicata were not met, as the present proceedings for contempt were based on a different cause of action and subject matter than the original application. The r…

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• Contempt Of Court
• Municipal Systems Act
• Staff Establishment
• Nullity Of Court Orders
• Res Judicata

Dihlabeng Local Municipality v Nthute and Others (4107/2005)

Dihlabeng Local Municipality v Nthute and Others (4107/2005) [2007] ZAFSHC 14 (15 February 2007)

Court

Free State High Court, Bloemfontein

Case number

4107/2005

Judge

Kruger

The court found that the appointments of the 1st to 5th respondents as Unit Managers were made under section 55 of the Municipal Systems Act, which empowers the Municipal Manager to appoint staff other than top management. The evidence showed that Unit Managers did not hold executive decision-making powers and were not top management as contemplated by section 57. Their roles were administrative, supporting the Municipal Manager, and did not require fixed-term contracts or performance agreements. Council was aware of and allowed the appointments, and there were sufficient funds in the budget.…

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• Municipal Systems Act
• Ultra Vires Appointments
• Staff Establishment
• Delegation Of Powers
• Local Government Structures