Public Servants Association obo Ubogu v Head of the Department of Health, Gauteng and Others, Head of the Department of Health, Gauteng and Another v Public Servants Association obo Ubogu [2017] ZACC 45 (7 December 2017)

Constitutional law – section 41 of the Constitution of the Republic of South Africa, 1996 – principles of cooperative government and intergovernmental relations – all spheres of government and all organs of state obliged to make reasonable effort in good faith to settle intergovernmental disputes – Intergovernmental Relations Framework Act 13 of 2005, ss 40 and 41.

Electricity – Electricity Regulation Act 4 of 2006, s 21(5) – interruption of electricity supply by Eskom to municipalities in financial crises and unable to pay for electricity supply – municipalities constitutionally and statutorily obliged to provide basic services, inclusive of electricity, to communities – whether Eskom entitled to interrupt electricity supply due to non-payment.

Local Government – Local Government: Municipal Structures Act 117 of 1998 – Local Government: Municipal Systems Act 32 of 2000 – Local Government: Municipal Finance Management Act 56 of 2003.

Regulations promulgated under s 27(2) of the Disaster Management Act 57 of 2002 – regulations challenged as unconstitutional and irrational – virtual hearing challenged as contrary to open justice – need to plead a constitutional challenge with specificity and clarity – rationality, arbitrariness and equality challenges distinguished – rationality review must be circumscribed – high court order vague and unenforceable –unfounded and scandalous attacks on courts unacceptable.

Jurisdiction of the high court – whether withdrawal of salary increment constitutes a breach of contract of employment – jurisdiction of civil courts in terms of s 77(3) of the Basic Conditions of Employment Act. Analysis of pleadings – decisive in determining jurisdiction. Whether subsequent payment to the respondents after obtaining leave to appeal results in the appeal being perempted

Attorneys Act 53 of 1979 – striking from the roll of attorneys, notaries and conveyancers – whether the appellant should have been granted a postponement for the hearing – whether the appellant’s fundamental right to a fair hearing was infringed – whether the sanction imposed, namely striking-off, was a justified sanction.

Section 34 of the Bill of Rights — Labour Court deciding case
without reference to answering affidavit — fundamental right
of access to courts infringed

Labour Relations Act 66 of 1995 – review in terms of
section 145(2)(b) – improper obtaining of award — to be
proved on balance of probability