Tag: Municipal Structures Act 1998

Public service discipline: Senior managers legally

Jako-Wutu v Ntabankulu Local Municipality (P332/14) [2016] ZALCPE 1 (16 February 2016) per Lagrange J. This is an important judgment because it confirms that procedures for disciplining employees should depend on their...

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Statutory interpretation: Constitutionality and ‘reading-in’

Provincial Minister for Local Government, Environmental Affairs and Development Planning, Western Cape v Municipal Council of the Oudtshoorn Municipality (CCT05/15) [2015] ZACC 24 (18 August 2015) per Molemela AJ: (Mogoeng CJ,...

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Operational requirements: dismissal for misconduct

City of Cape Town Municipality v Samwu (C819/13) [2015] ZALCCT 39 (6 May 2015) per Steenkamp J. The Labour Court reviewed and set aside an award and held that there was a valid and fair reason, related to conduct, to dismiss the...

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Municipal manager: arbiter cannot usurp powers

Imatu v City of Cape Town (CA 13/2013) [2015] ZALAC 9 (23 April 2015) per Tlaletsi DJP. After the promulgation of the Local Government Municipal Structures Act 117 of 1998 seven municipalities in the Cape Town Metropolitan area...

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Legal authority: Institution of court proceedings

Legal authority: Absent a specific challenge by way of Rule 7(1), “the mere signature of the notice of motion by an attorney and the fact that the proceedings purport to be brought in the name of the applicant” is sufficient. ...

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