Manegela v MEC, Department of Education, Eastern Cape Province (103/05, ECJ83) [2006] ZAECHC 41 (31 August 2006)

Manegela v MEC, Department of Education, Eastern Cape Province (103/05, ECJ83) [2006] ZAECHC 41 (31 August 2006)

The court found that the applicant was employed as a temporary educator pursuant to the Department's perception that Mrs Mkencele had absconded. The terms of employment were that the applicant's tenure would endure until the post was advertised. The Department's unilateral alteration of these terms by reinstating Mkencele and terminating the applicant's employment was unlawful. The court held that the applicant's grievance was communicated and addressed internally, satisfying the requirement to exhaust internal remedies. The Department's conduct in creating uncertainty regarding the applicant's employment status was wrongful and unlawful. The applicant is entitled to restoration of her...

Citation
[2006] ZAECHC 41
Parties
Applicant: Pumla Ethel Manengela; Respondent: The Member of the Executive Council, Department of Education, Eastern Cape Province
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
31 August 2006
Case Number
103/05
Procedural Posture
Review Application / Judgment
Outcome
Application granted. The Department's termination of the applicant's temporary educator status is declared unlawful. The applicant's status as a temporary educator is to be restored until the post is advertised or converted to permanent.
Judges
Dambuza
Legal Topics
Promotion of Administrative Justice Act, Employment of Educators Act, Termination of Employment, Internal Remedies Exhaustion
Administrative Law Labour Law Promotion of Administrative Justice Act Employment of Educators Act Termination of Employment Internal Remedies Exhaustion

Case Brief

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Parties

Pumla Ethel Manengela

Applicant

The Member of the Executive Council, Department of Education, Eastern Cape Province

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Department of Education lawfully terminated the applicant's employment as a temporary educator.
  2. 2 Whether the applicant was required to exhaust internal remedies before approaching the court for judicial review.
  3. 3 Whether the applicant's employment should endure until the post is advertised or converted to permanent status.

Ratio Decidendi

The court found that the applicant was employed as a temporary educator pursuant to the Department's perception that Mrs Mkencele had absconded. The terms of employment were that the applicant's tenure would endure until the post was advertised. The Department's unilateral alteration of these terms by reinstating Mkencele and terminating the applicant's employment was unlawful. The court held that the applicant's grievance was communicated and addressed internally, satisfying the requirement to exhaust internal remedies. The Department's conduct in creating uncertainty regarding the applicant's employment status was wrongful and unlawful. The applicant is entitled to restoration of her...

Court Disposition

Application granted. The Department's termination of the applicant's temporary educator status is declared unlawful. The applicant's status as a temporary educator is to be restored until the post is advertised or converted to permanent.

Orders

  • The administrative action of the Department of Education, Eastern Cape Province in terminating the applicant's status as a temporary educator with effect from 30 September 2004 is declared unlawful.
  • The Department is directed to restore the applicant's status as a temporary educator; such tenure shall endure until such time as the Department has advertised her post as an educator at Soqhayisa High School, Port Elizabeth or the post which the applicant currently occupies as a temporary educator is converted to a...