South Africa Case Law

Independent Municipal & Allied Trade Union obo Silver & 3 Others v Dawid Kruiper Local Municipality and Others (J 4023/2018)

Independent Municipal & Allied Trade Union obo Silver & 3 Others v Dawid Kruiper Local Municipality and Others (J 4023/2018) [2022] ZALCJHB 274 (4 October 2022)

Court

Labour Court Johannesburg

Case number

J 4023/2018

Judge

Van Niekerk

The Labour Court dismissed an application for leave to appeal, holding there was no reasonable prospect of success or other compelling reason to hear the appeal.

• Jurisdiction Of Labour Court
• Review Of Public Function
• Collective Agreement Interpretation
• Ultra Vires Appointments
• Leave-to-appeal
• Labour-court-jurisdiction

Newcastle Municipality v Nzimande and Others (D811/19)

Newcastle Municipality v Nzimande and Others (D811/19) [2020] ZALCD 11; [2021] 1 BLLR 94 (LC) (26 July 2020)

Court

Labour Court Durban

Case number

D811/19

Judge

Cele

The Labour Court found that the Third Respondent, in extending the fixed term contracts of the two respondents, acted contrary to the explicit resolution of the Municipal Council, which required the posts to be advertised and filled through open selection. Both respondents admitted knowing that the Council had resolved against further use of fixed term contracts, and thus could not reasonably rely on ostensible authority. The appointments were ultra vires and unlawful, as they were not made in accordance with the Municipal Systems Act and the Council's policy directions. The legality review w…

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• Legality Review
• Municipal Systems Act
• Fixed Term Contracts
• Ultra Vires Appointments
• Ostensible Authority

Hudson and Another v South African Airways Soc Limited (JA84/2014)

Hudson and Another v South African Airways Soc Limited (JA84/2014) [2015] ZALAC 28; [2015] 9 BLLR 879 (LAC); (2015) 36 ILJ 2574 (LAC) (24 June 2015)

Court

Labour Appeal Court

Case number

JA84/2014

Judges

Davis, Ndlovu, Mngqibisa-Thusi

The appeal was dismissed because the dispute of fact regarding the authority of the acting CEO and the validity of the appointments could not be resolved on the papers. The appellants failed to request oral evidence, and the respondent's version raised genuine, substantive disputes supported by detailed affidavits. Applying the Plascon-Evans rule, the Labour Appeal Court held that the application must be dismissed for lack of sufficient evidence to justify the relief sought. The court did not need to resolve the substantive legal issues regarding authority and ultra vires appointments, as the…

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• Authority To Contract
• Fixed Term Employment
• Ultra Vires Appointments
• Turquand Rule
• Motion Proceedings
• Dispute Of Facts

Hudson and Another v South African Airways SOC Limited (J545/13; J543/13)

Hudson and Another v South African Airways SOC Limited (J545/13; J543/13) [2014] ZALCJHB 135; [2014] 11 BLLR 1132 (LC); (2014) 35 ILJ 3407 (LC) (24 April 2014)

Court

Labour Court Johannesburg

Case number

J545/13; J543/13

Judge

Walele

The Labour Court held that the applicants’ fixed-term contracts were ultra vires and void ab initio because the appointments breached public-sector prescripts.

• Unlawful Termination
• Fixed Term Contracts
• Ostensible Authority
• Ultra Vires Appointments
• Estoppel
• Public Entity Recruitment

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

Dihlabeng Local Municipality v Van Aarde and Others (JR 1607/2001, JR 1608/2001, JR 1609/2001)

Dihlabeng Local Municipality v Van Aarde and Others (JR 1607/2001, JR 1608/2001, JR 1609/2001) [2004] ZALC 28 (11 March 2004)

Court

Labour Court

Case number

JR 1607/2001, JR 1608/2001, JR 1609/2001

Judge

Vahed AJ

The court held that the appointments of the third respondents as employees were made in direct contravention of section 67(3) of the Local Government Ordinance, 1962, which contains an absolute statutory prohibition. Such appointments are void ab initio and have no legal effect. The third respondents were never employees of the applicant for purposes of the Labour Relations Act, 1995, and the CCMA lacked jurisdiction to entertain their unfair dismissal disputes. Estoppel cannot operate to validate an ultra vires act or clothe a local authority with powers it does not possess. The first respon…

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• Jurisdiction Of Ccma
• Ultra Vires Appointments
• Void Ab Initio
• Estoppel Against Local Authority
• Section 145 Review
• Employee Definition