Municipal managers Archives

Court contempt considered: Onus not discharged

by GilesFiles | Jan 21, 2021 | 2020 +, appeal, Appeals, Applications, Contempt of court, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Granted, Judges, Labour Relations, Legal Practice, Legislation, Municipal, Municipal managers, Onus of proof, Orders, Parties, SCA judges, Sectors, Specific performance, Supreme Court of Appeal, Topics | 0 |

Ndabeni v OR Tambo District Municipality SCA considered contempt of court and decided that respondents had not provided any explanation for the failure to apply resolution 10/11 to the appellant and this grave omission left a...

Evidence completely lacking: Award set aside

by GilesFiles | Dec 2, 2020 | 2020 +, Acting LAC judges, Appeals, Awards -s145, Courts, Dismissal generally, Dispute Resolution (LRL 3), Government, Invalid or unfair reason, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Municipal managers, Parties, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Employing municipal managers: Renew or extend contract?

by GilesFiles | Oct 7, 2020 | 2020 +, appeal, Appeals, Courts, Declaratory, Dispute Resolution (LRL 3), Government, Judges, Labour Relations, Legal Practice, Legislation, Municipal, Municipal managers, Operation of law, Orders, Parties, Refused, SCA judges, Sectors, Supreme Court of Appeal, Termination & dismissal (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Plascon-Evans rule: Two exceptions to general rule

by GilesFiles | Aug 24, 2020 | 2020 +, Applications, Appointed LC judges, Courts, Dismissal generally, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Government, Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Municipal managers, Orders, Orders re costs, Parties, Plascon-Evans rule, Procedural issues, Refused, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Condoning late applications: Intervention team appointed

by GilesFiles | Jan 31, 2020 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Condonation, Courts, Dispute Resolution (LRL 3), Government, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Municipal managers, Not awarded, Orders, Orders re costs, Parties, Refused, Review tests, Rules and practice manuals, Sectors, State action - s158(1)(h), Statutes (LRL 2) - work law, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Unlawful suspension reversed: Non-compliance with regulations

by GilesFiles | Jan 3, 2020 | 2020 +, Acting LC judges, Applications, Cause: regulations, Common Law, Courts, Declaratory, Evidence and onus, Granted, Gross misconduct, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, LC Rules, Legal Practice, Municipal, Municipal managers, Orders, Orders re costs, Parties, Plascon-Evans rule, Rules and practice manuals, Sectors, Termination & dismissal (LRL 8), Topics, Urgency, Zungu doctrine | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Alleged financial mismanagement: Municipal manager

by GilesFiles | Nov 26, 2019 | 2019, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Municipal, Municipal managers, Orders, Orders re costs, Parties, Provincial, Rules and practice manuals, Sectors, Separation settlement agreements, Topics, Urgency | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Municipal manager appointments: Mootness

by GilesFiles | Nov 21, 2019 | 2019, appeal, Appeals, Bill of Rights, Common law review, ConCourt judges, Constitutional Court, Courts, JC Froneman, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Municipal, Municipal managers, Orders, PAJA 2000, Parties, Refused, Review tests, Rules and practice manuals, Sectors, State self-reviews, Topics, Uniform High Court | 0 |

Notyawa v Makana Municipality Municipal manager appointments examined and found that leave to appeal had to be refused because in the concurring judgment of Froneman J the issues were already moot and no purpose would be...

Municipal manager appointments: Leave refused

by GilesFiles | Nov 21, 2019 | 2019, appeal, Appeals, Bill of Rights, Biowatch principle, Common law review, ConCourt judges, Constitutional Court, Courts, Government, JC Froneman, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Municipal, Municipal managers, Orders, Orders re costs, PAJA 2000, Parties, Refused, Review tests, Rules and practice manuals, Sectors, Topics, Uniform High Court | 0 |

Notyawa v Makana Municipality Municipal manager appointments examined and found that leave to appeal had to be refused because there were no prospects of success and the discretion had been properly exercised by the high ...

Municipal manager appointments: Public power or legality

by GilesFiles | Nov 21, 2019 | 2019, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Government, Judges, Jurisdiction and powers, Labour Relations, Legal Practice, Legality principle, Municipal, Municipal managers, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

Notyawa v Makana Municipality Municipal manager appointments under the spotlight in the Constitutional Court and a decision expected today concerning leave to appeal.”The Municipality submits that the High Court was...

Setting aside settlement: Dismissal of municipal manager

by GilesFiles | Aug 13, 2019 | 2019, Acting LC judges, Common Law, Common law review, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Municipal managers, Orders, Parties, Provincial, Review tests, Sectors, Separation settlement agreements, State action - s158(1)(h), State self-reviews, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Service level agreement: Legal services reinstated

by GilesFiles | Jun 17, 2019 | 2019, Common Law, Courts, High Court, High Court judges, Judges, Legal Practice, Legislation, Municipal managers, Parties, Topics, Urgency | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Category: Municipal managers