Mamabolo v Rustenburg Regional Local Council

The appellant, Mr J W Mamabolo, was appointed by the Rustenburg Regional Local Council as an RDP Director on 16 May 1995, subject to a six-month probationary period. After the probation expired on 15 November 1995, the Council resolved on 28 November 1995 to extend it for a further six months. Reasons were later furnished. On 14 May 1996, before expiry of the extended period, the Council resolved not to confirm his appointment and to terminate his employment on one month’s notice. Mamabolo instituted review proceedings challenging the initial probation, its extension, and his dismissal. The High Court set aside the extension and dismissal, but the Full Bench reversed this on the basis of unreasonable delay. Mamabolo appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs; the termination of the appellant’s employment was upheld as valid.

The case clarifies the principles governing undue delay in review proceedings, particularly the circumstances in which courts may raise delay mero motu. It also affirms that probationary employment does not convert automatically into permanent employment upon expiry of the probation period and that, in appropriate circumstances, a post-decision hearing may satisfy the requirements of procedural fairness.