Nyakudya v O.R Tambo District Municipality

The applicant, a Zimbabwean national, was granted successive temporary general work permits between 2012 and 2015 under the Immigration Act. He was employed by the respondent municipality as a research assistant from 2009 under successive fixed-term contracts, including extensions and rollovers, ultimately working until November 2023 with the respondent’s approval despite the last written contract expiring in March 2022. In November 2023, the respondent summarily terminated his employment, alleging that the contract was unlawful and irregular because the applicant lacked a valid work permit and South African identity document. The termination occurred without prior notice or a disciplinary or incapacity process.

The termination of the applicant’s contract of employment was declared unlawful and set aside. The respondent was ordered to pay the costs of the application. No order of reinstatement or compensation was granted.

The case affirms that foreign nationals, even where their employment may contravene immigration laws, remain protected by South African labour law and constitutional guarantees of fair labour practices. It reinforces the principle that employers must follow fair procedures when terminating employment and cannot rely on their own oversight regarding work permits to justify summary dismissal.