Professional.
Committed.
Results Driven.

The case involved a Zimbabwean national employed as a bakery manager who was dismissed after posting a Bible verse on his personal WhatsApp that allegedly inflamed workplace tensions. The Labour Court reviewed the CCMA award on the reasonableness standard. The judgment reaffirms that courts will only interfere with CCMA awards where the commissioner's conclusion is one that a reasonable decision-maker could not reach — not simply because the reviewing court would have reached a different conclusion. Employers must ensure disciplinary processes are procedurally and substantively fair at all stages.

The 2026 MFMA Amendment Bill requires municipalities to implement funded budgets, stronger expenditure controls, consequence management for irregular expenditure, and clearer financial recovery measures. The reforms respond to recommendations from the Zondo Commission and governance challenges identified across the state. Municipal officials face personal liability for irregular and wasteful expenditure. The National Treasury's 2024/25 MFMA compliance report confirmed that 63% of municipalities are in financial distress and that supply chain management failures remain a key challenge.

The National Treasury report, compiled with provincial treasuries, assessed all 257 municipalities. Key findings: municipalities are opting for write-offs of irregular expenditure rather than recovering funds; supply chain management policy failures are widespread; and senior position vacancies undermine financial oversight. The Auditor-General confirmed that several municipalities missed the September deadline for submitting financial statements. Municipal officials who authorise irregular expenditure cannot escape liability by claiming good faith — the courts have confirmed strict adherence is required.

The Labour Appeal Court March 2026 cases include ArcelorMittal South Africa Ltd v NUMSA (JA34/25) [2026] ZALAC 11 (16 March 2026) and AMCU obo Kgotlang v CCMA (JA32/2025) [2026] ZALAC 12 (13 March 2026). The Supreme Court of Appeal also handed down Hi-Q Automotive (Pty) Ltd v Erga Investments (935/2024) [2026] ZASCA 31. These decisions clarify the boundaries of CCMA jurisdiction in dismissals arising from unprotected industrial action and confirm that the true reason for dismissal — not mere participation in a strike — determines which forum has jurisdiction.

The SCA in Mbambisa interpreted sections 32 and 176(1) of the Municipal Finance Management Act to confirm that municipal officials bear personal financial liability for irregular expenditure — and a good faith defence is insufficient. The judgment reinforces the MFMA's role in maintaining fiscal discipline and accountability. Municipal accounting officers, CFOs and supply chain managers must ensure all procurement complies strictly with MFMA requirements and SCM policies. The MFMA Amendment Bill 2026 is expected to further strengthen these accountability mechanisms.

The LAC in Bowmans' employment case law update confirmed that section 191(5)(b)(ii) of the LRA does not require all unfair dismissal disputes relating to unprotected industrial action to be referred to the Labour Court. Where the true reason for dismissal is misconduct — rather than mere participation in the strike — the CCMA has jurisdiction to arbitrate. Employers who take disciplinary action against employees who commit misconduct during strikes must still ensure fair procedures and substantive fairness. This ruling has significant practical implications for employers managing strike-related misconduct.