Construction Education and Training Authority (CETA) and Another v Minister of Higher Education, Science and Technology and Others (J113/20) [2020] ZALCJHB 52 (25 February 2020)

Construction Education and Training Authority (CETA) and Another v Minister of Higher Education, Science and Technology and Others (J113/20) [2020] ZALCJHB 52 (25 February 2020)

The court found that the Minister failed to comply with the statutory requirement of consultation under section 15(4) of the Skills Development Act before appointing an administrator to the CETA. The Minister did not demonstrate, as a matter of fact, that consultation would have been detrimental to the CETA's capacity to perform its functions. The evidence presented did not substantiate the claim that delay caused by consultation would result in harm or loss to the CETA. The Minister's reliance on constitutional provisions was misplaced, as the duty to consult arises from statute, not the Constitution. The Minister exercised the statutory power for an improper purpose, namely to conduct...

Citation
[2020] ZALCJHB 52
Parties
Applicant: Construction Education and Training Authority (CETA); Applicant: Webster Mfebe N.O.; Respondent: Minister of Higher Education, Science and Technology; Respondent: Director General, Higher Education and Training; Respondent: National Skills Authority; Respondent: Sabelo Wasa
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 February 2020
Case Number
J113/20
Procedural Posture
Review Application / Legality Review Heard and Judgment Delivered
Outcome
Application granted; Minister's decision and related actions set aside; Accounting Authority reinstated; Minister ordered to pay costs.
Judges
GN Moshoana
Legal Topics
Skills Development Act, Jurisdictional Facts, Consultation Requirements, Principle of Legality, Rationality Review
Administrative Law Labour Law Skills Development Act Jurisdictional Facts Consultation Requirements Principle of Legality Rationality Review

Case Brief

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Parties

Construction Education and Training Authority (CETA)

Applicant

Webster Mfebe N.O.

Applicant

Minister of Higher Education, Science and Technology

Respondent

Director General, Higher Education and Training

Respondent

National Skills Authority

Respondent

Sabelo Wasa

Respondent

Procedural Posture

Review Application / Legality Review Heard and Judgment Delivered

Legal Issues

  1. 1 Whether the Minister complied with section 15(4) of the Skills Development Act when appointing an administrator to the CETA.
  2. 2 Whether the statutory requirement for consultation was lawfully dispensed with.
  3. 3 Whether the Minister's decision was rational and lawful under the principle of legality.

Ratio Decidendi

The court found that the Minister failed to comply with the statutory requirement of consultation under section 15(4) of the Skills Development Act before appointing an administrator to the CETA. The Minister did not demonstrate, as a matter of fact, that consultation would have been detrimental to the CETA's capacity to perform its functions. The evidence presented did not substantiate the claim that delay caused by consultation would result in harm or loss to the CETA. The Minister's reliance on constitutional provisions was misplaced, as the duty to consult arises from statute, not the Constitution. The Minister exercised the statutory power for an improper purpose, namely to conduct...

Court Disposition

Application granted; Minister's decision and related actions set aside; Accounting Authority reinstated; Minister ordered to pay costs.

Orders

  • The decision taken by the Minister on 29 January 2020 to place the CETA under administration is reviewed and set aside.
  • The decision to direct the Director General to issue and the issuance of GN 86 in Gazette No: 42991 published on 3 February 2020 is declared invalid and ineffective in law.