Letele v MEC of Free State Provincial Government, Department of Education (1893/2013) [2013] ZAFSHC 144 (29 August 2013)

Letele v MEC of Free State Provincial Government, Department of Education (1893/2013) [2013] ZAFSHC 144 (29 August 2013)

The court found that the applicant's claim was based on the respondent's action being ultra vires the SMS Handbook and Public Service Regulations, which do not permit the employer to appeal the findings of the misconduct hearing chairperson. The respondent did not dispute this averment. The High Court's jurisdiction was not ousted because the claim was not for unfair dismissal or enforcement of an employment contract, but for a declaratory order regarding the lawfulness of the dismissal. However, the court held that it lacked jurisdiction to grant ancillary relief such as reinstatement and arrear remuneration, as such relief falls within the exclusive jurisdiction of the Labour Court. The...

Citation
[2013] ZAFSHC 144
Parties
Applicant: M.L. Letele; Respondent: MEC: Free State Provincial Government Department of Education
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 August 2013
Case Number
1893/2013
Procedural Posture
Review Application / Judgment
Outcome
The applicant succeeded in obtaining a declaratory order that her dismissal was ultra vires and void ab initio, but failed in her claims for reinstatement and arrear remuneration.
Judges
S.J. Thamage
Legal Topics
Ultra Vires Action, Jurisdiction of High Court, Subsidiary Legislation, Principle of Legality
Administrative Law Labour Law Ultra Vires Action Jurisdiction of High Court Subsidiary Legislation Principle of Legality

Case Brief

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Parties

M.L. Letele

Applicant

MEC: Free State Provincial Government Department of Education

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the High Court has jurisdiction to adjudicate the applicant's claim for a declaratory order regarding her dismissal.
  2. 2 Whether the respondent's dismissal of the applicant was ultra vires the applicable subordinate legislation.
  3. 3 Whether the applicant is entitled to ancillary relief such as reinstatement and arrear remuneration.

Ratio Decidendi

The court found that the applicant's claim was based on the respondent's action being ultra vires the SMS Handbook and Public Service Regulations, which do not permit the employer to appeal the findings of the misconduct hearing chairperson. The respondent did not dispute this averment. The High Court's jurisdiction was not ousted because the claim was not for unfair dismissal or enforcement of an employment contract, but for a declaratory order regarding the lawfulness of the dismissal. However, the court held that it lacked jurisdiction to grant ancillary relief such as reinstatement and arrear remuneration, as such relief falls within the exclusive jurisdiction of the Labour Court. The...

Court Disposition

The applicant succeeded in obtaining a declaratory order that her dismissal was ultra vires and void ab initio, but failed in her claims for reinstatement and arrear remuneration.

Orders

  • The applicant's dismissal by the respondent on or about 10 May 2012 is declared ultra vires, unlawful, and void ab initio.
  • The respondent is ordered to pay the costs of the application.