Mkhonto and Others v Bushbuckridge Local Municipality and Others

The applicants were regional office managers employed by the Bushbuckridge Local Municipality. Following changes in water service delivery structures and the dissolution of the Bushbuckridge Water Board, the municipality restructured its organisational structure and centralised water services. This restructuring rendered the applicants’ regional manager positions redundant, though they were not retrenched. In May 2021, the municipal council adopted resolution BLM 205 approving a new organisational structure. The applicants challenged this resolution, alleging that it was adopted without a council-approved policy framework for staff establishment as required by s 66(1) of the Local Government: Municipal Systems Act 32 of 2000, and without adequate consultation. Their review application was dismissed by the High Court. Their petition for special leave to appeal to the Supreme Court of Appeal was refused, leading them to apply for reconsideration under s 17(2)(f) of the Superior Courts Act 10 of 2013.

The application for reconsideration of the refusal of special leave to appeal was struck from the roll. The applicants were ordered to pay the costs of the first respondent jointly and severally.

The case clarifies the strict and limited scope of reconsideration under s 17(2)(f) of the Superior Courts Act and reinforces that it is not a further appeal mechanism. It affirms that municipalities are afforded discretion in formulating policy frameworks under s 66 of the Municipal Systems Act and underscores the importance of litigants being bound by their pleaded case.