Botha and Another v Member of the Executive Council, Department of Education, Arts, Culture and Sports: Northern Province government and Others (J3797/98) [2002] ZALC 135; (2002) 23 ILJ 1274 (LC) (23 April 2002)

Botha and Another v Member of the Executive Council, Department of Education, Arts, Culture and Sports: Northern Province government and Others (J3797/98) [2002] ZALC 135; (2002) 23 ILJ 1274 (LC) (23 April 2002)

The court found that the contracts of employment did not entitle the applicants to additional remuneration without the express approval of the Head of Department, as required by the Schools Act and the Public Service Act. The payment of top-up salaries from school funds was prohibited by section 37(6) of the Schools Act, and the applicants did not have the necessary permission under section 20(n) of the Public Service Act. The decision to terminate the additional remuneration was dictated by law, not by discretion or considerations of fairness. The applicants failed to demonstrate any constitutional invalidity in the Schools Act, as they did not identify any specific constitutional rights...

Citation
[2002] ZALC 135
Parties
Applicant: Adriaan Jacobus Botha; Applicant: Elizabeth Venter; Respondent: The Member of the Executive Council, Department of Education, Arts, Culture & Sport, Northern Province Government; Respondent: The Minister of Education, Government of National Unity; Respondent: Settlers Agricultural High School; Respondent: The Governing Body: Settlers Agricultural High School; Respondent: The Premier, Northern Province Government
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
23 April 2002
Case Number
J3797/98
Procedural Posture
Civil Application / Application for Declaratory Order; Judgment
Outcome
Application dismissed with costs, including reserved costs.
Judges
AA Landman
Legal Topics
School Governing Body Powers, Public Service Act Compliance, Remuneration of Public Officials, Contractual Impossibility, Constitutional Invalidity Claims
Labour Law Civil Procedure School Governing Body Powers Public Service Act Compliance Remuneration of Public Officials Contractual Impossibility Constitutional Invalidity Claims

Case Brief

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Parties

Adriaan Jacobus Botha

Applicant

Elizabeth Venter

Applicant

The Member of the Executive Council, Department of Education, Arts, Culture & Sport, Northern Province Government

Respondent

The Minister of Education, Government of National Unity

Respondent

Settlers Agricultural High School

Respondent

The Governing Body: Settlers Agricultural High School

Respondent

The Premier, Northern Province Government

Respondent

Procedural Posture

Civil Application / Application for Declaratory Order; Judgment

Legal Issues

  1. 1 Whether the decision to terminate the payment of additional remuneration to the applicants was unlawful, irregular, illegal, unconstitutional or ultra vires.
  2. 2 Whether the Schools Act of 1996 invalidated the contracts of employment regarding additional remuneration.
  3. 3 Whether the payment of additional salaries from school funds contravened section 37(6) of the Schools Act of 1996 and section 20(n) of the Public Service Act.

Ratio Decidendi

The court found that the contracts of employment did not entitle the applicants to additional remuneration without the express approval of the Head of Department, as required by the Schools Act and the Public Service Act. The payment of top-up salaries from school funds was prohibited by section 37(6) of the Schools Act, and the applicants did not have the necessary permission under section 20(n) of the Public Service Act. The decision to terminate the additional remuneration was dictated by law, not by discretion or considerations of fairness. The applicants failed to demonstrate any constitutional invalidity in the Schools Act, as they did not identify any specific constitutional rights...

Court Disposition

Application dismissed with costs, including reserved costs.

Orders

  • The application is dismissed with costs, including reserved costs.