Mahumani v MEC of the Departemnt of Economic Development, Environment and Tourism, Limpopo (83544/14) [2019] ZAGPPHC 402 (10 September 2019)

Mahumani v MEC of the Departemnt of Economic Development, Environment and Tourism, Limpopo (83544/14) [2019] ZAGPPHC 402 (10 September 2019)

The court found that the applicant's movement between districts was a transfer within the same department, not a secondment as defined by the Public Service Act and related policies. The jurisdictional requirements for secondment were not met, as secondment involves placement at the disposal of another department or body governed by different laws. The respondent's reference to secondment in correspondence was erroneous and did not create a binding agreement for secondment allowances. However, the respondent conceded liability for proven settlement costs incurred by the applicant following the upliftment of his suspension. The applicant failed to provide documentary proof of such costs...

Citation
[2019] ZAGPPHC 402
Parties
Applicant: Schoon Godwill Mahumani; Respondent: MEC of the Department of Economic Development, Environment and Tourism, Limpopo
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 September 2019
Case Number
83544/14
Procedural Posture
Civil Application / Judgment on Merits
Outcome
Application for secondment allowance dismissed; application for settlement costs granted subject to proof; applicant to pay 50% of respondent's taxed costs.
Judges
N V Khumalo
Legal Topics
Public Service Secondment, Transfer Vs Secondment, Settlement Allowance, Precautionary Suspension
Labour Law Civil Procedure Public Service Secondment Transfer Vs Secondment Settlement Allowance Precautionary Suspension

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Parties

Schoon Godwill Mahumani

Applicant

MEC of the Department of Economic Development, Environment and Tourism, Limpopo

Respondent

Procedural Posture

Civil Application / Judgment on Merits

Legal Issues

  1. 1 Whether the applicant's placement constituted a secondment under the Public Service Act or was merely a transfer.
  2. 2 Whether a binding agreement existed obliging the respondent to pay secondment and settlement allowances to the applicant.

Ratio Decidendi

The court found that the applicant's movement between districts was a transfer within the same department, not a secondment as defined by the Public Service Act and related policies. The jurisdictional requirements for secondment were not met, as secondment involves placement at the disposal of another department or body governed by different laws. The respondent's reference to secondment in correspondence was erroneous and did not create a binding agreement for secondment allowances. However, the respondent conceded liability for proven settlement costs incurred by the applicant following the upliftment of his suspension. The applicant failed to provide documentary proof of such costs...

Court Disposition

Application for secondment allowance dismissed; application for settlement costs granted subject to proof; applicant to pay 50% of respondent's taxed costs.

Orders

  • The applicant's application for an order in terms of prayer 1 (secondment allowance) is dismissed.
  • The applicant's application for an order in terms of prayer 4 (settlement costs) is granted; the respondent is to pay the applicant's proven settlement costs incurred from the date of upliftment of suspension to the conclusion of the disciplinary enquiry.