Bula v Akharwaray and Others (478/03) [2003] ZANCHC 5 (5 September 2003)

Bula v Akharwaray and Others (478/03) [2003] ZANCHC 5 (5 September 2003)

The court found that the Premier was statutorily authorized under the Public Service Act to delegate his appeal authority to the MEC for Finance. The maxim delegatus delegare non potest was inapplicable due to the express statutory provision. The Premier was not functus officio, as he had not exercised any appeal functions nor recused himself; he merely delegated his authority. The applicant's allegations of bias were unsupported and did not meet the objective standard for reasonable apprehension of bias. Resolution 1 of 2003 did not prohibit delegation, and the Premier's statutory duty to discharge the applicant did not amount to 'involvement' in the disciplinary proceedings as...

Citation
[2003] ZANCHC 5
Parties
Applicant: BULA, RLN; Respondent: AKHARWARAY, GH: MEC OF FINANCE; Respondent: DIPICO, EM: PREMIER; Respondent: THE NORTHERN CAPE GOVERNMENT
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
5 September 2003
Case Number
478/03
Procedural Posture
Review Application / Final Judgment on Application for Review and Interdict
Outcome
Application dismissed with costs.
Judges
Lacock
Legal Topics
Public Service Act, Disciplinary Code and Procedure, Delegation of Authority, Reasonable Apprehension of Bias, Resolution 1 of 2003, Functus Officio
Administrative Law Labour Law Public Service Act Disciplinary Code and Procedure Delegation of Authority Reasonable Apprehension of Bias Resolution 1 of 2003 Functus Officio

Case Brief

Summary, issues, holding and outcome

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Parties

BULA, RLN

Applicant

AKHARWARAY, GH: MEC OF FINANCE

Respondent

DIPICO, EM: PREMIER

Respondent

THE NORTHERN CAPE GOVERNMENT

Respondent

Procedural Posture

Review Application / Final Judgment on Application for Review and Interdict

Legal Issues

  1. 1 Whether the Premier was competent to delegate his appeal authority under the Disciplinary Code to the MEC for Finance.
  2. 2 Whether the Premier's involvement in the disciplinary process rendered him functus officio or precluded delegation.
  3. 3 Whether the applicant established a reasonable apprehension of bias against the appointed appeal authority.

Ratio Decidendi

The court found that the Premier was statutorily authorized under the Public Service Act to delegate his appeal authority to the MEC for Finance. The maxim delegatus delegare non potest was inapplicable due to the express statutory provision. The Premier was not functus officio, as he had not exercised any appeal functions nor recused himself; he merely delegated his authority. The applicant's allegations of bias were unsupported and did not meet the objective standard for reasonable apprehension of bias. Resolution 1 of 2003 did not prohibit delegation, and the Premier's statutory duty to discharge the applicant did not amount to 'involvement' in the disciplinary proceedings as...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.