Mr Pietersen was appointed as municipal manager of the Oudtshoorn Municipality in August 2007. Following disciplinary proceedings, he was dismissed in March 2009. He challenged the dismissal before the South African Local Government Bargaining Council. Before arbitration commenced, the municipal council resolved on 4 August 2010 to settle the dispute by reinstating Mr Pietersen to his position with effect from 10 August 2010, on the same terms and conditions as his original employment contract. Mr Nel, a councillor of the municipality, applied to the Western Cape High Court under PAJA to review and set aside the council’s resolution, arguing that the reinstatement amounted to a fresh appointment that did not comply with the Local Government: Municipal Systems Act 32 of 2000. The High Court dismissed the application, and Mr Nel appealed to the Supreme Court of Appeal.
The appeal was dismissed with costs, including the costs of two counsel.
The case clarifies the distinction in South African law between reinstatement and appointment in the context of local government employment. It confirms that reinstatement following an unfair dismissal does not constitute a new appointment requiring compliance with statutory appointment procedures, thereby aligning local government law with established labour law principles.