Labour court grants municipality stay of enforcement
Ngqushwa Local Municipality has won permission in the Labour Court in Gqeberha to delay paying a fired employee R700 152 while it challenges the order in court.
Acting Judge Coen De Kock also approved the cash-strapped municipality's request to provide only R150 000 as security instead of the standard 24-month remuneration requirement.
The municipality disagreed with an arbitration ruling that ordered it to rehire employee B Mangesi and pay him R700 152 in backpay.
Background of the dispute
The case centres on an arbitration award issued by the second respondent, Ntombekhaya Sesani, on 13 May 2025.
The award reinstated employee B Mangesi, represented by the South African Municipal Workers' Union (Samwu), effective from 26 May 2025.
The municipality was ordered to pay R700 152 in backpay by 23 May 2025.
Ngqushwa Local Municipality filed for review of the award on 20 May 2025, well within the prescribed six-week period.
The municipality immediately flagged its intention to seek a stay of enforcement and permission to provide reduced security.
According to the judgment, the municipality was served with a certified award on 18 June 2025, enabling enforcement proceedings.
ALSO READ: Man sentenced to life for murder of KZN ward councillor
After filing a security bond of R150 000 on 19 June, the municipality's attorneys requested an undertaking from the employee's legal team that enforcement would not proceed.
When the seven-day deadline expired on 30 June without response, the employee's attorney stated the municipality was 'at liberty to approach the court on an urgent basis for appropriate relief.'
Court finds application urgent
De Kock ruled that the application was genuinely urgent given the timeline of events.
The court noted the municipality had properly anticipated the need for a stay application from the outset of the review proceedings.
'The applicant's actions in the way they anticipated the need to ask for a stay and the need to seek an exemption from the security to be furnished in terms of section 145 (8) are commended by this court,' De Kock stated.
ALSO READ: Ex-municipal manager linked to Magaqa's killing remains behind bars, ANCYL responds
Additionally, the court emphasised that urgency was not self-created by the municipality.
De Kock found that urgency arose only when it became clear the employee would pursue enforcement despite the timely review application and provision of security, albeit at a reduced amount.
Stay of enforcement granted
The court granted the stay application, finding no reason to refuse it given the municipality's compliance with procedural requirements.
De Kock noted there was no indication that the review proceedings were brought to frustrate the enforcement of the award.
The court accepted that failure to grant the stay would severely prejudice the municipality.
Assets could be attached and sold potentially below market value, while the municipality's ability to deliver services to residents would be impacted.
'The applicant will suffer irreparable harm if the enforcement of the award is not stayed,' the judgment stated.
ALSO READ: Zuma and MK party case should've started in High Court, ConCourt hears [VIDEOS]
The court noted the municipality had conducted a thorough investigation into what security amount it could afford without affecting operations.
This distinguished the case from others where litigants arbitrarily decide on security amounts without justification.
Reduced security approved
De Kock exercised discretion under section 145(7) of the Labour Relations Act to accept the R150 000 security as sufficient.
The court found no reason to reject the municipality's determination of what it could afford without interrupting constitutional and statutory obligations to provide municipal services.
The judgment referenced section 152(1)(b) of the constitution, which requires municipalities to provide services to communities.
The court was satisfied that the municipality has sufficient assets to comply with the award if the review application fails. It made no order as to costs.
READ NEXT: Cop and prosecutor get bail in R1.6 million extortion case
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Citizen
4 hours ago
- The Citizen
10 Gauteng cops arrested for theft have been granted bail
Six metro and four Saps officers face theft charges for not recording cash and goods seized during a raid. Ten police officers who were arrested on theft charges in Ekurhuleni, Gauteng, have been granted R1 500 bail each. FN Dlamini, 25; NF Sambane, 41; MH Mabasa, 29; EZ Dlalisa, 33; T Sidebi, 29; T Kgagara, 31; Sergeant M Mashala, 43; Constable T Mokhabukhi, 28; Constable MM Mongalo, 33; and Constable TN Matsane, 35, appeared before the Germiston Magistrate's Court on Wednesday, where their bail application was unopposed. Accused officers from metro police and SAPS units Six of them are members of the Ekurhuleni Metro Police Department officers, while four are members of the Tsakane South African Police Services (Saps). The officers were arrested after an Edenvale shop owner alleged that during a raid on his business premises on 4 June, the officers seized R35 000 in cash, cigarettes worth R150 000, and boxes of Panado tablets. Officers part of joint operation They were part of a joint law enforcement operation aimed at monitoring compliance at shops in the area. ALSO READ: Cops charged with kidnapping Chinese national out on bail National Prosecuting Authority Gauteng spokesperson Phindi Mjonondwane said the shop owner alleges he was not present during the raid but was later informed by his cashier that the police had confiscated the items. During the raid, the officers arrested the cashier for trading in illicit cigarettes and another employee for violating immigration rules. Missing cash never logged as evidence Mjonondwane said the seized goods were allegedly placed in several refuse bags to be submitted as exhibits. 'However, the complainant claims that upon his arrival at the police station, only one refuse bag had been registered,' she said. 'Furthermore, the cash was neither returned nor recorded in the SAP13 register – the official register used for documenting exhibits seized during criminal investigations.' The matter has been postponed to 8 September for further investigation. NOW READ: Police told crime victim to investigate their own case
Eyewitness News
4 hours ago
- Eyewitness News
Tshwane metro says awaiting investigation into 44 dismissed SAMWU workers
JOHANNESBURG - The Tshwane metro says it will only be able to give clarity on the fate of 44 dismissed employees once investigations into allegations against them have been completed. This comes after the South African Municipal Workers' Union (SAMWU) marched to the city's headquarters on Wednesday, calling for the city to honour an agreement of 3.5% salary increases. This in addition to the immediate reinstatement of the dismissed employees. According to the union, the group was unfairly let go in 2021 by the then Democratic Alliance-led administration under former mayor Cilliers Brink. The dismissals in question were effected after a salary increase dispute when the city failed to honor an agreement reached with the union at the time. The agreement was that workers would receive a 3.5% increase in 2021 and a 5.4% boost in 2023.
TimesLIVE
5 hours ago
- TimesLIVE
Ten SAPS, EMPD officers held for theft released on bail of R1,500 each
Ten police officers who appeared before the Germiston magistrate's court on Tuesday and Wednesday on charges of theft were each granted bail of R1,500 after an unopposed bail application. They are Fortune Dhlamini, Nomfuneko Felicia Sambane, Mangalore Moloko, Nhlanhla Tumelo Matsane, Thabo Mokgaboki, Matthews Mashala, Mesho Hector Mabasa, Dlalisa Eugene Zamokuhle, Kgagare Tseego and Sidebi Tendani. 'The case stems from a complaint laid by a shop owner in Edenvale, who alleges that during a raid on his business premises on June 4, the officers seized R35,000 in cash, cigarettes worth R150,000 and boxes of Panado tablets,' National Prosecuting Authority spokesperson Phindi Mjonondwane said. She said the officers, six from Ekurhuleni Metro Police Department (EMPD) and four from the SA Police Service, were part of a joint law enforcement operation aimed at monitoring compliance at shops in the area. 'According to the complainant, he was not present during the raid but was later informed by his cashier that the police had confiscated the items. The seized goods were allegedly placed in several refuse bags to be submitted as exhibits.' However, the complainant claims that upon his arrival at the police station, only one refuse bag had been registered. The cash was neither returned nor recorded in the SAP13 register, the official register used for documenting exhibits seized during criminal investigations. The matter was postponed until September 8 for further investigation.
