Barnes v Mangaung Metropolitan Municipality and Another (996/2020) [2022] ZASCA 77 (30 May 2022)

Barnes v Mangaung Metropolitan Municipality and Another (996/2020) [2022] ZASCA 77 (30 May 2022)

Section 64D of the South African Police Service Act 68 of 1995 governs the appointment of the first executive head of a municipal police service. It requires only that the appointee be a 'fit and proper person.' There is no statutory requirement that the first metro police chief be a registered traffic officer. Section 64C(1) and regulation 11(1)(a), which require registration as a traffic officer for ordinary members, do not apply to the first appointment. The phrase 'fit and proper person' is a recognized legal standard and does not imply further requirements unless expressly stated. The municipality acted within its powers in appointing Mr Kgamanyane, and the application to review the...

Citation
[2022] ZASCA 77
Parties
Appellant: Adrian Paul Barnes; Respondent: Mangaung Metropolitan Municipality; Respondent: Ketsebae Israel Kgamanyane
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 May 2022
Case Number
996/2020
Procedural Posture
Civil Appeal / Appeal From the Free State Division of the High Court
Outcome
Appeal dismissed with costs.
Judges
Van der Merwe, Molemela, Schippers, Gorven, Makaula
Legal Topics
Principle of Legality, Appointment of Metro Police Chief, Interpretation of Statutes, Fit and Proper Person Requirement
Administrative Law Civil Procedure Principle of Legality Appointment of Metro Police Chief Interpretation of Statutes Fit and Proper Person Requirement

Case Brief

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Parties

Adrian Paul Barnes

Appellant

Mangaung Metropolitan Municipality

Respondent

Ketsebae Israel Kgamanyane

Respondent

Procedural Posture

Civil Appeal / Appeal From the Free State Division of the High Court

Legal Issues

  1. 1 Whether the Mangaung Metropolitan Municipality was legally empowered to appoint a person who was not a registered traffic officer as the first chief of metropolitan police.
  2. 2 Whether section 64D of the South African Police Service Act 68 of 1995 requires the first metro police chief to be a registered traffic officer.
  3. 3 Whether the appointment of the second respondent was ultra vires and reviewable under the principle of legality.

Ratio Decidendi

Section 64D of the South African Police Service Act 68 of 1995 governs the appointment of the first executive head of a municipal police service. It requires only that the appointee be a 'fit and proper person.' There is no statutory requirement that the first metro police chief be a registered traffic officer. Section 64C(1) and regulation 11(1)(a), which require registration as a traffic officer for ordinary members, do not apply to the first appointment. The phrase 'fit and proper person' is a recognized legal standard and does not imply further requirements unless expressly stated. The municipality acted within its powers in appointing Mr Kgamanyane, and the application to review the...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • Costs of only one counsel are allowed on appeal.