Water and Sanitation Services South Africa (Pty) Ltd v King Cetshwayo District Municipality and Others
Water and Sanitation Services South Africa (Pty) Ltd v King Cetshwayo District Municipality and Others [2020] ZALCJHB 269; J 630/20 (3 September 2020)
The Court found that the termination of the SLA resulted in the municipality assuming the essential assets, infrastructure, and activities previously conducted by the applicant. The municipality continued to provide water services seamlessly, using the same infrastructure and operational methods. The factual enquiry established that the business operated by the applicant was transferred to the municipality as a going concern, triggering section 197 of the LRA. The contracts of employment of the listed employees were automatically transferred to the municipality, and all rights and obligations…
Source excerpt
- Section 197 Transfer
- Outsourcing And Insourcing
- Automatic Transfer Of Employment
- Municipal Services Contract
- Termination Of Service Level Agreement