Samwu v EThekwini Municipality (1973/2013) [2015] ZAKZDHC 31 (9 April 2015) per Olsen J.
The High Court refused to grant the application. Samwu challenged the appointment of the Head: City Health in the municipal structure. Samwu sought an order reviewing and setting aside the appointment; directing the employer to re-advertise the post and comply with a collective agreement, “Employment Practice Policy Agreement”. Samwu also wanted the employer to investigate alleged nepotism and require the employer to report to the court within three months. In a wide ranging judgment various issues were discussed, including the principle of legality; section 195 of the Constitution, the fact that there had been two arbitration awards and some jurisdictional issues.