Sneller Verbatim/HVR
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J248/03
2002-02-03
In the matter between
P M SOKHELA Applicant
and
THE CITY OF TSHWANE METROPOLITAN
1st Respondent
THE ACTING MUNICIPAL MANAGER:
2nd Respondent
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J U D G M E N T
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REVELAS J:
1. In this matter the applicant brought an urgent
application requesting this court for an order that he be
reinstated with immediate effect in his position as
Strategic Manager in the office of the Municipal Manager
of the first respondent pending the final adjudication of
the other relief sought.
2. The applicant wishes to be reinstated in that office for
the unexpired term of his five year contract in terms of
which he would be employed until the year 2007 at a
monthly remuneration of R530 000.00.
3. The applicant currently holds the position to which he
was and unilaterally transferred by the respondents to
the licensing department of the Metro Police. The
applicant contends that he has a clear right in that the
contract entered into was breached and repudiated by the
respondent. It was argued that this would cause the
applicant irreparable harm.
4. I raised my concern that the situation regarding the
payment could continue indefinitely which was also the
applicant's argument in favour of the matter being dealt
with by way of urgency. However, I have considered the
facts of this matter, and the applicant has an
alternative remedy. He may refer his dispute to the
Commission for Conciliation, Mediation and Arbitration
(“the CCMA”).
5. I also considered whether or not to grant the interdict
pending the event of the disciplinary hearing involving
the chief executive officer of the Tshwane Metropolitan
Municipality, Dr Thoahlane.
6. On the facts of this case I am not persuaded that this
disciplinary inquiry, which also would necessarily
involve an investigation into the applicant's activities,
will never take place.
7. It was pointed out to me that Dr Thoahlane earns a salary
of approximately R900 000.00 a year and that it was not
in the interests of the first respondent to postpone the
event of the disciplinary inquiry which relied on the
applicant's position in this matter.
8. However, the applicant has not referred his dispute to
the Commission for Conciliation Mediation and Arbitration
as one would expect the first step would be. The
applicant has not demonstrated that he does not has an
alternative remedy. He is still being remunerated at the
same salary which he would receive in the position he now
seeks to be reinstated into. He has not been suspended
and he has not demonstrated any monetary loss or
otherwise from conducting different functions for the
same employer save for breach of contract, which on the
face of it does not constitute a clear right or a
reasonable apprehension of harm.
9. In the circumstances the application is dismissed with
costs.
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E. Revelas