South Africa Case Law

Melato v Masilonyane Local Municipality (2458/2023)

Melato v Masilonyane Local Municipality (2458/2023) [2024] ZAFSHC 215 (12 July 2024)

Court

Free State High Court, Bloemfontein

Case number

2458/2023

Judge

Van Zyl

The court found that both acting appointments were made by the municipal council after consultation with the municipal manager, satisfying the requirements of section 56(1)(a) of the Municipal Systems Act. Although the MEC for Local Government raised objections regarding the applicant's qualifications, no steps were taken by the MEC within the statutory period to challenge or set aside the appointments. The respondent, not being the proper party under section 56(6), could not retrospectively challenge the validity of the appointments or seek repayment of the acting allowance. The High Court h…

Source excerpt

• Acting Allowance
• Municipal Systems Act
• Jurisdiction Of High Court
• Unlawful Appointment
• Declaratory Relief

South African Municipal Workers' Union v Maluti-A-Phofung Water (SOC) Ltd and Others (5265/2022)

South African Municipal Workers' Union v Maluti-A-Phofung Water (SOC) Ltd and Others (5265/2022) [2023] ZAFSHC 213 (29 May 2023)

Court

Free State High Court, Bloemfontein

Case number

5265/2022

Judge

Van Zyl

The court found that the application was instituted by the Free State provincial structure of SAMWU, not the national entity, and that the Provincial Secretary failed to demonstrate authority under the union's constitution to instruct attorneys or institute proceedings on behalf of the national union. The authorisation letter provided was from the provincial structure and did not establish authority for the national entity. Despite being given ample opportunity, neither the applicant nor its attorneys provided sufficient proof of authority as required by Rule 7(1). The court was not satisfied…

Source excerpt

• Locus Standi
• Authority Of Attorney
• Rule 7 Uniform Rules
• Unlawful Appointment
• Municipal Staff Regulations

Mukwevho v City of Johannesburg and Others (2018/9063)

Mukwevho v City of Johannesburg and Others (2018/9063) [2023] ZAGPJHC 345 (17 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2018/9063

Judge

E F Dippenaar

The High Court granted leave to appeal to the Full Court after finding reasonable prospects of success on the merits, but upheld the costs order.

• Principle Of Legality
• Municipal Systems Act
• Unlawful Appointment
• Consequential Relief
• Costs Order
• Leave-to-appeal

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

Independent Municipal & Allied Trade Union obo Silver & 3 Others v The Dawid Kruiper Local Municipality and Others (J 4023/2018) [2022] ZALCJHB 239 (26 August 2022)

Court

Labour Court Johannesburg

Case number

J 4023/2018

Judge

Van Niekerk

The court found that the municipality's promotion and appointment of certain respondents was unlawful due to non-compliance with prescribed procedures, including failure to advertise, shortlist, and conduct interviews. Given the municipality's concession and the absence of wrongdoing by the incumbents, the court determined that the appointments should be set aside. However, the court tempered the remedy by ordering that the affected individuals are not required to repay any remuneration or benefits received during their tenure, as they were not privy to the irregular conduct. The court furthe…

Source excerpt

• Unlawful Appointment
• Promotion Procedure
• Collective Agreement Compliance
• Just And Equitable Remedy

MEC for Gauteng Department of Infrastructure Development v Ramapepe (J1943/2019)

MEC for Gauteng Department of Infrastructure Development v Ramapepe (J1943/2019) [2022] ZALCJHB 98 (12 May 2022)

Court

Labour Court Johannesburg

Case number

J1943/2019

Judge

Prinsloo

The court found that both the appointment and transfer of the respondent were unlawful, unreasonable, and irrational. The selection panel added criteria after shortlisting that unfairly favoured the respondent, contrary to the Public Service Act and Regulations. The transfer was also unlawful as the respondent never assumed the original post, and the subsequent position was not advertised or filled through proper procedures. Although the application was delayed, the court exercised its discretion to overlook the delay due to the seriousness of the irregularities and the applicant's constituti…

Source excerpt

• Public Service Act
• Recruitment Irregularities
• Principle Of Legality
• Unlawful Appointment
• Transfer Of Employees
• Just And Equitable Remedy

Bokaba v MEC Department of Health Northwest and Others (JR1423/20)

Bokaba v MEC Department of Health Northwest and Others (JR1423/20) [2021] ZALCJHB 443 (13 December 2021)

Court

Labour Court Johannesburg

Case number

JR1423/20

Judge

Nkutha-Nkontwana

The applicant failed to provide any explanation for the delay in instituting the review proceedings, which was approximately 18 months after the impugned appointments and nine months after the PSC directive. The delay was found to be unreasonable and not condonable. Furthermore, the applicant did not allege or prove locus standi in his founding affidavit, nor did he demonstrate any direct, current, or adequate interest in the relief sought. His attempt to rely on public interest was unsupported by any allegation of infringement of rights under the Bill of Rights. The applicant's failure to es…

Source excerpt

• Unlawful Appointment
• Locus Standi
• Delay In Review
• Public Service Regulations

Matjhabeng Local Municipality v Media News (Pty) Ltd (963/2021)

Matjhabeng Local Municipality v Media News (Pty) Ltd (963/2021) [2021] ZAFSHC 126 (19 May 2021)

Court

Free State High Court, Bloemfontein

Case number

963/2021

Judge

P.E. Molitsoane

The Free State High Court set aside Matjhabeng Municipality’s appointment of Media News and their 2018 service delivery agreement, granted condonation, and barred further performance under it.

• Unlawful Appointment
• Service Delivery Agreement
• Condonation
• Interdict
• Municipal By Laws
• Administrative-law

Gauteng Tourism Authority v Nchabeleng and Others (JR2493/18)

Gauteng Tourism Authority v Nchabeleng and Others (JR2493/18) [2020] ZALCJHB 34 (14 February 2020)

Court

Labour Court Johannesburg

Case number

JR 2493/18

Judge

Tlhotlhalemaje

Labour Court dismissed a review of board recommendations about a company secretary post, finding the impugned decision was never implemented and was moot.

• Ultra Vires
• Probation Termination
• Unlawful Appointment
• Review Of Administrative Action
• Ccma Jurisdiction
• Labour-law

Amatola Water Board v Hlutiyo; Amatola Water Board v Oliphant and Another (2708/2017; 2037/2017)

Amatola Water Board v Hlutiyo; Amatola Water Board v Oliphant and Another (2708/2017; 2037/2017) [2019] ZAECGHC 77 (9 July 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

2708/2017; 2037/2017

Judge

M S Rugunanan

The High Court granted Amatola Water Board leave to appeal after finding the review delay had been assessed under the wrong framework and that merits mattered.

• Promotion Of Administrative Justice Act
• Legality Review
• Condonation For Delay
• Unlawful Appointment
• Costs Award
• Legality-review

Moseya v Msunduzi Municipality (D1282/13)

Moseya v Msunduzi Municipality (D1282/13) [2017] ZALCD 7 (3 February 2017)

Court

Labour Court Durban

Case number

D1282/13

Judge

D H Gush

The Labour Court ordered Msunduzi Municipality to pay remuneration to an employee appointed as Operations Manager: Waste Management, treating the appointment as valid until set aside.

• Basic Conditions Of Employment Act
• Municipal Systems Act
• Unlawful Appointment
• Remuneration Claim
• Prescription Of Claims
• Bcea-section-77