The troubled Dihlabeng Local Municipality in Bethlehem, Free State must permanently hire a group of employees, who it appointed for between eight and 15 years on fixed-term contracts and in the process bungling labour laws.

Mangwajane Mofokeng, Mamahlape Galawe, Tshepiso Ramosena, Thabo Motloung and Helena Wille were either appointed as part of the municipality’s graduate development programme or their contracts were not specific to a position for which they were appointed.

Wille was hired in a temporary administrative position while the others were part of graduate and learner development programmes.

The Labour Court in Braamfontein, Johannesburg heard that the group’s contracts were expressly fixed-term and were lawfully concluded under the Labour Relations Act (LRA) subject to compliance with the section prohibiting abuse of successive fixed-term contracts.

The workers, who were represented by the Independent Municipal and Allied Trade Union (Imatu), complained that their contracts were continuously extended or renewed by abusing fixed-term contracts.

“This is not a situation where the applicant (Dihlabeng) appointed them permanently without justification, but rather where the applicant persistently renewed and abused fixed-term arrangements for its own operational reasons,” the workers stated.

The workers initially took the matter to the SA Local Government Bargaining Council (SALGBC), which ruled in their favour. The Dihlabeng Local Municipality challenged the ruling at the Labour Court in Braamfontein, Johannesburg.

“The court recognises that the applicant has engaged in a prolonged pattern of employing respondents on successive fixed-term contracts spanning eight to 15 years. This pattern is troubling and likely in breach of section 198B (of the Labour Relations Act [LRA]).

The applicant’s (the municipality’s) failure to seek a review of the arbitration award within the prescribed timeframe means the award is now final and binding,” Labour Court acting Judge Coen de Kock explained last month.

According to acting Judge De Kock, the municipality was obliged to comply with the SALGBC award by ensuring that the necessary approval or that endorsement is obtained from the council as well as the staff establishment being updated to make provision for the permanent posts of the five employees.

The Labour Court dismissed the municipality’s challenge of the SALGBC’s ruling on the grounds that it was not brought within a reasonable time and that the interests of justice do not favour it being heard.

Acting Judge De Kock also ordered that the municipality must comply with the arbitration award within 30 days from October 29, 2025.

The workers’ representative, Imatu, said it will continue to challenge procedural irregularities and the misuse of fixed-term contracts wherever they occur.

Attempts to contact the municipality were unsuccessful.

loyiso.sidimba@inl.co.za

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