Makwathana v State Security Agency and Another (56321/13) [2014] ZAGPPHC 803 (10 October 2014)

Makwathana v State Security Agency and Another (56321/13) [2014] ZAGPPHC 803 (10 October 2014)

The court found that the applicant's suspension for more than three and a half years was unlawful and not in compliance with the Intelligence Services Regulations, which limit such suspension to 18 months. The respondents conceded this non-compliance and agreed that the applicant's rights under the Constitution to...

Source-derived case information.

Citation
[2014] ZAGPPHC 803
Parties
Applicant: Ntshavheni Prince Makwathana; Respondent: State Security Agency; Respondent: Minister of State Security
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 October 2014
Case Number
56321/13
Procedural Posture
Urgent Application / Judgment
Outcome
Application granted. The respondents are ordered to comply with the regulatory requirements regarding suspension and reinstatement, and to pay the applicant's costs.
Judges
P Lazarus
Legal Topics
Unfair Suspension, Disciplinary Procedure, Intelligence Services Regulations, Fair Labour Practices
Labour Law Administrative Law Unfair Suspension Disciplinary Procedure Intelligence Services Regulations Fair Labour Practices

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Parties

Ntshavheni Prince Makwathana

Applicant

State Security Agency

Respondent

Minister of State Security

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the applicant's suspension from employment for more than 18 months is lawful under the Intelligence Services Regulations.
  2. 2 Whether the applicant is entitled to reinstatement to his former or a similar position within the State Security Agency.
  3. 3 Whether the respondents have complied with fair labour practices as required by the Constitution.

Ratio Decidendi

The court found that the applicant's suspension for more than three and a half years was unlawful and not in compliance with the Intelligence Services Regulations, which limit such suspension to 18 months. The respondents conceded this non-compliance and agreed that the applicant's rights under the Constitution to fair labour practices had been infringed. The court held that the State Security Agency had ample time to conclude its investigation and that the applicant suffered prejudice due to the delay. Accordingly, the court ordered that the Agency must, within 14 days, either convene a disciplinary hearing in accordance with the regulations or reinstate the applicant to a position of...

Court Disposition

Application granted. The respondents are ordered to comply with the regulatory requirements regarding suspension and reinstatement, and to pay the applicant's costs.

Orders

  • Within 14 days of this Order, the first respondent must either convene a disciplinary hearing with the applicant in accordance with Chapter XVIII of the Intelligence Services Regulations, 2014, or reinstate the applicant to a position with similar ranking and benefits as Manager: Cover Support Unit.
  • The first and second respondents are to pay the applicant's costs on a party and party scale jointly and severally, the one paying the other to be absolved.