Feni v The Pan South African Language Board and Another (25170/2016) [2017] ZAGPPHC 1144 (27 June 2017)

Feni v The Pan South African Language Board and Another (25170/2016) [2017] ZAGPPHC 1144 (27 June 2017)

The court found that the applicant, as a senior staff member, had standing to seek declaratory relief but that the application was not subject to PAJA and the delay in bringing the application was not fatal. The respondents were granted condonation for the late filing of their answering affidavit. On the merits, the court held that the job advertisement was lawful, the second respondent met all peremptory requirements for the CEO post, and the appointment was based on a reasonable and qualitative assessment by the interview panel. The absence of a PanSALB-specific competency assessment did not render the appointment reviewable, and the employment contract was validly executed and ratified...

Citation
[2017] ZAGPPHC 1144
Parties
Applicant: Zixolisile Feni; Respondent: The Pan South African Language Board; Respondent: Mpho Reginald Monareng
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 June 2017
Case Number
25170/2016
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs, including costs of two counsel.
Legal Topics
Appointment of Ceo, Review of Administrative Action, Condonation, Performance Agreement, Employment Contract Validity
Administrative Law Civil Procedure Appointment of Ceo Review of Administrative Action Condonation Performance Agreement Employment Contract Validity

Case Brief

Summary, issues, holding and outcome

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Parties

Zixolisile Feni

Applicant

The Pan South African Language Board

Respondent

Mpho Reginald Monareng

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the job advertisement for the CEO post was unlawful and invalid.
  2. 2 Whether the second respondent met the inherent requirements for appointment as CEO.
  3. 3 Whether the appointment and employment contract of the second respondent as CEO should be set aside as unlawful and invalid.

Ratio Decidendi

The court found that the applicant, as a senior staff member, had standing to seek declaratory relief but that the application was not subject to PAJA and the delay in bringing the application was not fatal. The respondents were granted condonation for the late filing of their answering affidavit. On the merits, the court held that the job advertisement was lawful, the second respondent met all peremptory requirements for the CEO post, and the appointment was based on a reasonable and qualitative assessment by the interview panel. The absence of a PanSALB-specific competency assessment did not render the appointment reviewable, and the employment contract was validly executed and ratified...

Court Disposition

Application dismissed with costs, including costs of two counsel.

Orders

  • Condonation is granted for the late filing of the respondents' answering affidavit.
  • The application is dismissed with costs, including the costs of two counsel.