City of Cape Town Municipality v Samwu (C819/13) [2015] ZALCCT 39 (6 May 2015) per Steenkamp J.
The Labour Court reviewed and set aside an award and held that there was a valid and fair reason, related to conduct, to dismiss the employee, a senior foreman, despite his 17 years of service. He faced 113 allegations of misconduct relating to the unauthorised use of a City vehicle. In effect the decision is based on the ‘operational requirements’ of the City. It was noted that the City’s duties and powers are rooted in s 152(1)(b) of the Constitution. One of the objects of local government is “to ensure the provision of services to communities in a sustainable manner”. Section 4(2) of the Local Government: Municipal Systems Act places a duty on municipalities to “exercise the municipality’s executive and legislative authority and use the resources of the municipality in the best interests of the local community”. Section 63(1) of the Local Government: Municipal Finance Management Act (MFMA) adds that the accounting officer of a municipality is responsible for, amongst other things, “the management of … the assets of the municipality, including the safeguarding and the maintenance of those assets.”