Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Deputy Minister Nel wants indigenous languages to become languages of jurisprudence

July 28, 2026

Correctional Services was right to dismiss officer for depositing money into inmate’s account

July 28, 2026

ARB says Castle Lager influencer Jana Swart should have disclosed sponsored post

July 28, 2026
Facebook X (Twitter) Instagram
Trending
  • Deputy Minister Nel wants indigenous languages to become languages of jurisprudence
  • Correctional Services was right to dismiss officer for depositing money into inmate’s account
  • ARB says Castle Lager influencer Jana Swart should have disclosed sponsored post
  • Legal Practice Council ordered to disclose records behind English-only admission exams
  • Labour Court halts UCT consultation process that could defeat pending whistleblower trial
  • Constitutional Court overturns 22-year murder sentence, orders prisoner’s release
  • UP scholar makes the case for specialised environmental courts to curb pollution
  • Homeowner wins appeal after arguing sale of family home for unpaid levies was too harsh
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Health Department ordered to repay doctor after unlawful R105,000 salary deduction
Labour Law

Health Department ordered to repay doctor after unlawful R105,000 salary deduction

High Court finds Mpumalanga health authorities breached labour law by deducting money from a doctor's salary without consent.
Kennedy MudzuliBy Kennedy MudzuliJune 12, 2026Updated:June 12, 2026No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Dr Bruce Malumane successfully challenged salary deductions made by the Mpumalanga Department of Health after the High Court found they were unlawful.
Share
Facebook Twitter LinkedIn Pinterest Email
  • The High Court found that salary deductions totalling R105,000 breached the Basic Conditions of Employment Act.
  • The court ruled that the Mpumalanga Department of Health acted unlawfully by deducting money without consent or legal authority.
  • The department was ordered to repay the outstanding balance, stop further unlawful deductions and pay costs.

A senior doctor employed by the Mpumalanga Department of Health has won a High Court challenge after the department deducted R105,000 from his salary without his consent.

Acting Judge President LD Vukeya of the High Court in Mbombela found that the deductions made against Dr Bruce Malumane's remuneration were unlawful and in contravention of Section 34 of the Basic Conditions of Employment Act (BCEA). The court further ordered the department to repay the outstanding amount still owed to him, together with interest.

Malumane is a Clinical Manager Grade 2 at Mapulaneng Hospital and serves as the National Treasurer of the South African Medical Association Trade Union (SAMATU). He approached the court urgently after discovering that R50,000 had been deducted from his salary as "leave without pay" and a further R55,000 under the description "overtime".

According to Malumane, the deductions are related to his attendance at various SAMATU and Health Professions Council of South Africa meetings. He argued that these activities formed part of his official responsibilities as a trade union office bearer and registered medical practitioner.

He maintained that the deductions were made without warning, without consultation and without any agreement authorising the department to recover the money from his salary.

Dispute over trade union activities

Malumane told the court that SAMATU had formally requested his release from duty to attend various meetings and activities during February and March 2026. These included trade union meetings, bargaining activities, a national march relating to unemployed doctors and meetings of the Health Professions Council of South Africa.

He argued that the department never lawfully refused those requests before he attended the activities and that the subsequent deductions amounted to an unlawful retrospective sanction.

The department opposed the application. It argued that some of the absences were unauthorised and that Malumane had failed to ensure that leave requests were properly approved and captured on the relevant systems. It further contended that the matter was not urgent and that he should have pursued internal grievance procedures before approaching the court.

The respondents also argued that the dispute belonged before the Labour Court because it related to labour rights and trade union activities.

Court rejects department’s challenge to jurisdiction

Judge Vukeya rejected the respondents' arguments on urgency and jurisdiction. The court found that more than half of Malumane's salary had been deducted in a single month, creating immediate financial hardship and uncertainty about whether similar deductions would continue.

Addressing jurisdiction, Judge Vukeya held that the matter involved rights arising from the employment relationship and the contractual obligation to pay an employee's salary. As a result, the High Court had concurrent jurisdiction with the Labour Court to determine the dispute.

The judge observed that the claim concerned money allegedly deducted from an employee's remuneration without consent and therefore arose directly from the employment contract.

Judge Vukeya said, "The applicant would not be afforded substantial redress at a hearing in due course as he was uncertain whether the deductions would continue monthly and if the matter were to be heard in the normal course, the applicant would suffer an even bigger financial loss."

Employers cannot take the law into their own hands

The central issue before the court was whether the department was legally entitled to deduct the money without Malumane's written consent or another lawful basis recognised by section 34 of the BCEA.

Judge Vukeya emphasised that the BCEA prohibits employers from making deductions from an employee's remuneration unless authorised by a written agreement, law, collective agreement, court order or arbitration award. The judge said, "The real issue is whether the threshold as required in terms of section 34 (1) has been met."

The court found that regardless of whether the department believed Malumane had been absent without approved leave, it could not simply deduct money from his salary without following the legal requirements set out in the BCEA.

Referring to Constitutional Court authority on self-help, Judge Vukeya noted that employers are not entitled to take the law into their own hands.

The judge found, "The respondents acted contrary to section 34 (1) of the BCEA by deducting an amount of R105 000.00 from the applicant’s remuneration without following due process."

Court orders repayment

During the proceedings, it emerged that part of the deducted amount, R57,216.36 relating to overtime, had already been repaid to Malumane. However, a balance of R48,581.41 remained outstanding.

The respondents maintained that Malumane was not entitled to payment for the days on which they alleged he had been absent from work without approved leave. The court rejected the argument that this created a genuine dispute of fact.

Judge Vukeya held that the real issue was not whether the department approved the leave, but whether it was legally entitled to deduct money from the salary without complying with section 34 of the BCEA.

The court ultimately declared the deductions unlawful, interdicted the respondents from making any further unlawful salary deductions and ordered repayment of the outstanding amount together with interest at 10.5% from the date of deduction until payment.

Costs were awarded against the respondents. In conclusion, Judge Vukeya held, "My finding on this issue is that the respondents’ conduct was contrary to section 34 and therefore unlawful."

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

BCEA Employment Rights Labour law Mpumalanga Department of Health Salary deductions
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Correctional Services was right to dismiss officer for depositing money into inmate’s account

July 28, 2026

Labour Court halts UCT consultation process that could defeat pending whistleblower trial

July 28, 2026

Screenshots are not evidence: The new frontier of unfair dismissal in South Africa

July 24, 2026
Leave A Reply Cancel Reply

Prove your humanity: 9   +   4   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Special Reports
4 Mins Read

Deputy Minister Nel wants indigenous languages to become languages of jurisprudence

By Conviction Staff ReporterJuly 28, 20264 Mins Read

Deputy Justice Minister Andries Nel says South Africa must invest in indigenous languages as languages of jurisprudence to realise meaningful access to justice.

Correctional Services was right to dismiss officer for depositing money into inmate’s account

July 28, 2026

ARB says Castle Lager influencer Jana Swart should have disclosed sponsored post

July 28, 2026

Legal Practice Council ordered to disclose records behind English-only admission exams

July 28, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Judge dismisses bid to suspend attorneys over R23 million dispute, citing unfair investigation

July 22, 2026

Labour Court stops municipal disciplinary hearing over AI citation concerns

July 22, 2026

Court approves surrogacy where second wife carries child for first wife under customary law

July 22, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by