SASLAW Gauteng Chapter AGM – 29 May 2025

The 10-minute AGM will be followed by a webinar, presented by Bongani Luthuli | Bongani Khanyile Ka Luthuli Attorneys Inc

“When do disciplinary hearings commence? The debate rages on”

The presentation will look into the debate of when does disciplinary hearing commence, whether it commences at suspension when charges are served or when charges are read out when a disciplinary hearing is convened. We will explore the definitions of “hearing and proceedings” and critically analyse the position in Tshabalala v Moqhaka Local Municipality and Another (JA88/2024) (2024) ZALAC 60 (21 September 2024) and Mgengo v Lekwa-Teemane Local Municipality and allow the delegates to judge for themselves which is the correct legal position on this question. Finally, we will consider the CCMA Award in Phetla v City of Matlosana Municipality (NWKD2326-24) issued in 2024 and discuss whether it followed Mgego or Moqhaka.