Adminstrator of Natal and Another v Sibiya and Another (100/91) [1992] ZASCA 115; 1992 (4) SA 532 (AD); [1992] 2 All SA 442 (A) (20 August 1992)

Adminstrator of Natal and Another v Sibiya and Another (100/91) [1992] ZASCA 115; 1992 (4) SA 532 (AD); [1992] 2 All SA 442 (A) (20 August 1992)

The Supreme Court of Appeal held that the dismissal of the respondents by the Natal Provincial Administration, even though effected by giving contractual notice, constituted the exercise of a public power that adversely affected their existing rights. The court found that the audi alteram partem rule applies not only to summary dismissals for misconduct but also to dismissals by notice where the decision prejudicially affects the rights or property of the employees. The respondents were entitled to a hearing before the decision to terminate their employment was made. The failure to afford such a hearing was a procedural impropriety that vitiated the dismissals. The court rejected the...

Citation
[1992] ZASCA 115
Parties
Appellant: Administrator of Natal; Appellant: Director-General, Natal Provincial Administration; Respondent: Sakhayedwa Ambrose Sibiya; Respondent: Fumanekile Mtshiywa
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
20 August 1992
Case Number
100/91
Procedural Posture
Civil Appeal / Appeal From the Durban and Coast Local Division, Challenging Confirmation of Rule Nisi Declaring Dismissals Invalid.
Outcome
Appeal dismissed with costs, including the costs of two counsel.
Judges
Hoexter, E M Grosskopf, Nestadt, Goldstone, Harms
Legal Topics
Audi Alteram Partem, Procedural Fairness, Public Service Dismissal, Retrenchment, Natural Justice
Administrative Law Labour Law Audi Alteram Partem Procedural Fairness Public Service Dismissal Retrenchment Natural Justice

Case Brief

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Parties

Administrator of Natal

Appellant

Director-General, Natal Provincial Administration

Appellant

Sakhayedwa Ambrose Sibiya

Respondent

Fumanekile Mtshiywa

Respondent

Procedural Posture

Civil Appeal / Appeal From the Durban and Coast Local Division, Challenging Confirmation of Rule Nisi Declaring Dismissals Invalid.

Legal Issues

  1. 1 Whether the Natal Provincial Administration could lawfully dismiss the respondents without affording them a hearing in accordance with the audi alteram partem rule.
  2. 2 Whether the termination of employment by notice, as opposed to summary dismissal for misconduct, affects the applicability of procedural fairness requirements.
  3. 3 Whether the exercise of the contractual right to terminate employment on notice by a public authority must comply with principles of natural justice.

Ratio Decidendi

The Supreme Court of Appeal held that the dismissal of the respondents by the Natal Provincial Administration, even though effected by giving contractual notice, constituted the exercise of a public power that adversely affected their existing rights. The court found that the audi alteram partem rule applies not only to summary dismissals for misconduct but also to dismissals by notice where the decision prejudicially affects the rights or property of the employees. The respondents were entitled to a hearing before the decision to terminate their employment was made. The failure to afford such a hearing was a procedural impropriety that vitiated the dismissals. The court rejected the...

Court Disposition

Appeal dismissed with costs, including the costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.