Adminstrator of Transvaal and Others v Traub and Others (4/88) [1989] ZASCA 90; [1989] 4 All SA 924 (AD); 1989 (4) SA 731 (A); (1989) 10 ILJ 823 (A) (24 August 1989)

Adminstrator of Transvaal and Others v Traub and Others (4/88) [1989] ZASCA 90; [1989] 4 All SA 924 (AD); 1989 (4) SA 731 (A); (1989) 10 ILJ 823 (A) (24 August 1989)

The Supreme Court of Appeal held that the respondents were entitled to a fair hearing before their applications for Senior House Officer posts were rejected. The established practice of confirming appointments upon departmental recommendation created a legitimate expectation that the respondents would be appointed or, at minimum, afforded an opportunity to be heard before any adverse decision was made. The decision to reject the applications solely because the respondents signed a critical letter (annexure M) constituted a significant departure from past practice and impugned their professional reputations. The court found that the audi alteram partem principle applied, and the failure to...

Citation
[1989] ZASCA 90
Parties
Appellant: Administrator of the Transvaal; Appellant: Director of Hospital Services; Appellant: Superintendent of Baragwanath Hospital; Respondent: Beverly Traub; Respondent: Linda Jivhuho; Respondent: Zolela Ngcwabe; Respondent: Gideon Frame; Respondent: Hubert Hon.; Respondent: Mark Friedman
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 August 1989
Case Number
4/88
Procedural Posture
Civil Appeal / Appeal From the Witwatersrand Local Division
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Corbett CJ, Hoexter JA, E M Grosskopf JA, Kumleben JA, F H Grosskopf JA
Legal Topics
Audi Alteram Partem, Legitimate Expectation, Public Service Appointments, Natural Justice, Judicial Review
Administrative Law Labour Law Audi Alteram Partem Legitimate Expectation Public Service Appointments Natural Justice Judicial Review

Case Brief

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Parties

Administrator of the Transvaal

Appellant

Director of Hospital Services

Appellant

Superintendent of Baragwanath Hospital

Appellant

Beverly Traub

Respondent

Linda Jivhuho

Respondent

Zolela Ngcwabe

Respondent

Gideon Frame

Respondent

Hubert Hon.

Respondent

Mark Friedman

Respondent

Procedural Posture

Civil Appeal / Appeal From the Witwatersrand Local Division

Legal Issues

  1. 1 Whether the respondents were entitled to a fair hearing before their applications for Senior House Officer posts were rejected.
  2. 2 Whether the doctrine of legitimate expectation applies to public service appointments in South African law.
  3. 3 Whether the failure to give written notification under section 34(2) of the Public Service Act barred the application.

Ratio Decidendi

The Supreme Court of Appeal held that the respondents were entitled to a fair hearing before their applications for Senior House Officer posts were rejected. The established practice of confirming appointments upon departmental recommendation created a legitimate expectation that the respondents would be appointed or, at minimum, afforded an opportunity to be heard before any adverse decision was made. The decision to reject the applications solely because the respondents signed a critical letter (annexure M) constituted a significant departure from past practice and impugned their professional reputations. The court found that the audi alteram partem principle applied, and the failure to...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

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