Mkumatela v The Nelson Mandela Metropolitan Municipality and Another

The appellant was an employee of the Nelson Mandela Metropolitan Municipality who applied for a promotion to the position of assistant manager: waste operations. Although shortlisted and interviewed, the appointment committee deviated from the municipality’s Recruitment Selection and Placement Policy by allowing committee members with observer status to influence the recommendation. Despite this procedural irregularity, the municipal manager appointed another candidate, the second respondent. The appellant sought to review and set aside the appointment in the High Court, alleging that the deviation from policy infringed his constitutional right to lawful, reasonable and procedurally fair administrative action under section 33 of the Constitution and PAJA.

The appeal was dismissed with costs, including the costs of two counsel.

This case reinforces the post-Gcaba jurisprudence clarifying the boundary between administrative law and labour law in South Africa. It confirms that promotion disputes involving organs of state acting as employers generally fall within labour law and are not subject to review under PAJA, even where internal policies are allegedly breached.