King Sabata Dalindyebo Local Municipality and Others v Hintsa and Others

Municipal employees across South Africa were subject to a job evaluation and salary standardisation process under the Task Job Evaluation Collective Agreement (TASK) concluded in 2003. The King Sabata Dalindyebo Local Municipality initiated but later suspended implementation of TASK in 2012. In May 2018, the municipality’s Executive Mayor tabled a memorandum proposing the normalisation of salary grades and payment of back-pay to ‘all affected employees’. The memorandum identified three categories of employees, including former employees who were in service in July 2012 and had since left. On 29 May 2018, the municipal council adopted a resolution approving normalisation of salaries and full payment of back-pay to all affected employees. Although current employees were paid, former employees (the respondents) were not. Despite assurances that they would be paid later, no payment followed. The respondents, being former employees falling within the second category, approached the High Court seeking declaratory and mandatory relief to compel implementation of the resolution.

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

The judgment affirms that municipal council resolutions are binding and enforceable, and that affected employees, including former employees, may have standing to compel compliance. It reinforces the Endumeni principles of interpretation in the context of municipal resolutions and clarifies the scope of declaratory relief and locus standi under section 21(1)(c) of the Superior Courts Act.