Olaotse Theophilus Bojosinyane v Ditsobotla Local Municipality and Others

The applicant was appointed on a three-year fixed-term contract as Municipal Manager of the Ditsobotla Local Municipality with effect from 8 July 2024. After his appointment, various challenges were launched in the High Court by different respondents alleging that his appointment contravened the Local Government: Municipal Systems Act. While those review proceedings were pending and unresolved, the municipal council first placed the applicant on special leave and later, on 30 January 2025, summarily terminated his contract with immediate effect, asserting that his appointment was unlawful. The termination was effected by council resolution without a court order setting aside the appointment. The applicant approached the Labour Court urgently, contending that the termination breached his contract, violated the principle of legality, and amounted to unlawful self-help.

The termination of the applicant’s contract was declared unlawful and void. The first to third respondents were ordered to allow the applicant to resume his duties as Municipal Manager. The respondents were ordered to pay costs.

The judgment reinforces the principle of legality in the labour and local government context by confirming that municipalities cannot unilaterally undo appointments they consider unlawful. It affirms the Labour Court’s jurisdiction to determine legality-based employment disputes involving public power and underscores that administrative acts remain legally effective until set aside by a court.