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Termination of City of Joburg's 130 workers' contracts unlawful – lawyer

'Notices given to employees had several procedural defects'

Nomazima Nkosi Senior reporter
The Johannesburg city council. Lawyers representing the large number of workers who were recently fired by the city say the letters of dismissal have procedural issues.
The Johannesburg city council. Lawyers representing the large number of workers who were recently fired by the city say the letters of dismissal have procedural issues.
Image: Veli Nhlapo

Lawyers representing the City of Johannesburg's 130 workers who have been fired say notices given to the employees had several procedural defects.

On February 28, council took a decision to reserve a October 2021 resolution that converted fixed-term contracts of the workers, making them permanent staff members.

The DA-led multi-party coalition said the October decision was unlawful and the conversion of contracts was irregular.

Members of the coalition said they had not been able to make any political appointments since coming into power.

Speaking at a media briefing on Tuesday, Mojalefa Motalane, of Motalane Inc, said before the coalition arrived at that decision, an investigation should have been launched to determine the legality around the conversion of the contracts.

Motalane said procedural defects included failure to call for objections before the decision to rescind was taken.

"As indicated, the exercise of public power always has to be consistent with the rule of law and where administrative decisions are taken, such administrative decisions have to be procedurally and substantively fair.

"As a result, all decisions taken by any organs of the state exercising public power has to be compliant with Section 33 of the Constitution, read together with provisions of PAJA, in particular Section 3.

"Section 3 requires the city when deciding to take the decisions that adversely affect its employees to adhere to a procedurally fair administrative process which, in the circumstances, required not only adequate notice of the nature and purpose of the proposed administrative action but a reasonable opportunity to make representations.

"It also demands a clear statement of the administrative action, when the administrative decision is to be implemented, as well as an indication of internal remedies in the form of appeals, if any," he said.

Motalane added that it was defective for the municipality to make as if there was another process that could be followed after council's decision.

"The invitation contained in the notice is further irregular and disingenuous as it is clear that the termination of our client's full-time employment was after the unlawful council decision.

"The invitation was an attempt to shroud the city and aberration with rationality, because the city, without waiting for these representations, issued a directive for the implementation of the resolution," he said.

Following the February 25 council meeting, the 130 employees were issued with notices informing them of the resolution but also invited them to make representations on how the city can regularise their employment within a few days.

However, during a press conference on Friday, acting city manager Mesuli Mlandu said the workers failed to do so, adding the city would move ahead with advertising their posts.

The contracts of the workers are due to expire at the end of April, according to the original fixed-term contracts.

Organisations such as the South African National Civic Organisation have promised to shut down the city should council not reverse the February decision.

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