- The High Court varied its July 2024 order to include full backdated remuneration for Sekhoane Sehole.
- Kgatelopele Municipality and officials must pay R1 098 817.32 (less tax) plus mora interest from September 2023.
- Costs of the variation application are to be paid jointly and severally by the respondents.
The High Court in Kimberley has confirmed that Sekhoane Benjamin Sehole must be reinstated as Director of Technical Infrastructure and Community Services at Kgatelopele Local Municipality with full backdated remuneration.
Judge MC Mamosebo, in the ruling, varied an earlier order to remove ambiguity regarding salary and benefits following Sehole’s unlawful termination on 31 August 2023.
Sehole argued that reinstatement included not only returning to his former position but also recovering the salary and benefits lost during his dismissal. The municipality and its officials, Speaker of Council, Mayor, and Municipal Manager, disputed this interpretation. The court found that the respondents’ narrow reading failed to reflect the intention of the earlier judgment and the legal meaning of reinstatement.
Variation of order under Rule 42(1)(b)
Applying Rule 42(1)(b) of the Uniform Rules of Court, the High Court held that the original order contained ambiguity. “The applicant was to return to his position as if the termination on 31 August 2023 never happened. This would encapsulate not only occupying the position he held but also earning his salary and benefits according to his appointment letter,” Judge Mamosebo wrote.
The respondents also raised the doctrine of peremption, suggesting that Sehole had accepted the previous judgment and could not now seek variation. The court rejected this, noting that Sehole’s previous actions seeking reimbursement for two months’ salary did not amount to approbation and reprobation.
Backpay and costs awarded
The court ordered the municipality and officials to reinstate Sehole with his backdated remuneration from 1 September 2023 to 5 September 2024, totaling R1 098 817.32 less tax. Mora interest is payable from 1 September 2023 within 20 days, and the respondents are jointly and severally liable for the costs of the application.
The judgment referenced the Constitutional Court in Equity Aviation Services (Pty) Ltd v CCMA, affirming that reinstatement requires returning an employee to the same job on the same terms and conditions.
Judge Mamosebo stressed that the ruling ensures unlawful dismissals are remedied not only procedurally but also financially, restoring the employee to the position he would have held if the dismissal had not occurred.
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