Imatu v City of Cape Town (CA 13/2013) [2015] ZALAC 9 (23 April 2015) per Tlaletsi DJP.
After the promulgation of the Local Government Municipal Structures Act 117 of 1998 seven municipalities in the Cape Town Metropolitan area were disestablished. On 1 November 2006 the City of Cape Town concluded a collective agreement with the trade union to set criteria and the procedure to place employees within the new staff establishment of the City. A dispute concerning the placements was referred to arbitration. The question arose as to the nature and powers of the arbiter who had made various rulings. The City succeeded in its application to the Labour Court to have the award reviewed and set aside. The Labour Appeal Court upheld the order of Rabkin-Naicker J and confirmed that the arbiter could not usurp the Municipal Manager’s decisions regarding placements.