Appointing municipal managers: Jurisdiction and legality

Mbashe Municipality v Dumezweni (PA 4/14) [2015] ZALAC 18 ; [2015] JOL 33241 (19 May 2015) per Landman JA (Waglay JP and Ndlovu JA concurring).

The Labour Appeal Court disallowed the appeal and upheld the Labour Court’s decision that it was the proper forum to decide the validity of an appointment.  The Labour Court’s jurisdiction and powers were derived not only from the Labour Relations Act but also the Basic Conditions of Employment Act.  Given the nature of the dispute there was no requirement for it to be referred for conciliation and direct access to the Labour Court was permissible.

The municipality purported to rescind an appointment and when the municipal manager challenged that decision it was erroneously contended that the Labour Court did not have the necessary jurisdiction.