Manana v King Sabata Dalindyebo Municipality

Mr Mputumi Camaron Manana was employed as a legal advisor by a predecessor local authority. Following municipal restructuring, disputes arose regarding his position. On 3 November 2006, the municipal council of King Sabata Dalindyebo Municipality adopted a resolution appointing him, with retrospective effect from 10 August 2006, to the post of Manager: Legal Services (grade 3) and awarding back pay. The resolution was communicated to him and accepted. Despite this, the municipality failed to adjust his salary or pay arrears, contending that the appointment was under review due to alleged irregularities. Without rescinding or setting aside the resolution, the municipality refused to implement it. Mr Manana approached the High Court for payment and related relief. The High Court dismissed the application for lack of jurisdiction, relying on Chirwa v Transnet. Mr Manana appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The High Court’s order was set aside and replaced with an order directing the municipality to account to Mr Manana for salary and back pay due arising from his appointment, to pay the amount due forthwith, to adjust his salary accordingly (subject to subsequent events), and to pay the costs of the application.

The case affirms the constitutional principle that executive authority in municipalities vests in municipal councils and clarifies that municipal officials cannot ignore council resolutions on the basis of perceived invalidity. It reinforces the Oudekraal principle in the municipal context: administrative acts remain binding until set aside. The judgment also confirms that contractual employment claims may be enforced in the High Court despite the existence of labour-law remedies.