Mawonga and Another v Walter Sisulu Municipality and Others (574/2019) [2020] ZASCA 125 (7 October 2020)

Citation: Mawonga and Another v Walter Sisulu Municipality and Others (574/2019) [2020] ZASCA 125 (7 October 2020)
Media Neutral Citation: [2020] ZASCA 125
Hearing date: 7 September 2020
Court: Supreme Court of Appeal of South Africa
Case number: 574/2019
Judges: Nicholls JA, Petse DP, Mbha JA, Eksteen AJA, Unterhalter AJA
Judgment date: 7 October 2020
Language: English
Type: Judgment

Flynote: Local Government – municipal law – Local Government: Municipal
Systems Act 32 of 2000 – in terms of s 57(6)(a) the employment contract of a municipal manager has a maximum fixed term of five years which cannot be renewed or extended – once the five years have elapsed the position of a municipal manager becomes vacant as contemplated in s 54A(4) and thus subject to the nationally competitive procedures prescribed in s 54A – any renewal thereafter is null and void ab initio – this is irrespective of whether the provisions of the
employment contract as municipal manager stipulated the terms of its renewal within the meaning of that expression in s 57(6)(c).

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Local Government: Municipal Structures Act, 1998 Human Rights · Infrastructure and Transportation · Labour and Employment · Public administration	Human Rights · Infrastructure and Transportation · Labour and Employment · Public administration
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