MEC for Economic Developmemt, Environment & Tourism v Mogahlane (JA42/2016) [2018] ZALAC 29; (2019) 40 ILJ 315 (LAC); [2019] 4 BLLR 347 (LAC) (31 October 2018)

MEC for Economic Developmemt, Environment & Tourism v Mogahlane (JA42/2016) [2018] ZALAC 29; (2019) 40 ILJ 315 (LAC); [2019] 4 BLLR 347 (LAC) (31 October 2018)

The Labour Appeal Court held that although there is no prescribed time limit for launching a review under section 158(1)(h) of the LRA, such applications must be initiated within a reasonable time. The appellant delayed almost six months before launching the review, and the explanation for the delay was found to be wholly unreasonable. The court found no merit in the appellant's legal challenge to the respondent's appointment, as the appointment process complied with the relevant regulations, and the respondent's qualifications had been verified. The selection committee properly recommended the respondent, and the HOD and MEC approved the appointment. The Labour Court was correct in...

Citation
[2018] ZALAC 29
Parties
Appellant: MEC for Economic Development, Environment & Tourism; Respondent: Madimetja Abram Mogahlane
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
31 October 2018
Case Number
JA42/2016
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment; Application for Rescission and Review
Outcome
Appeal dismissed with costs; previous order rescinded and set aside; respondent's appointment confirmed.
Judges
Waglay, Davis, Kathree-Setiloane
Legal Topics
Review of Administrative Action, Unreasonable Delay, Public Service Appointments, Condonation, Legality Review
Labour Law Administrative Law Review of Administrative Action Unreasonable Delay Public Service Appointments Condonation Legality Review

Case Brief

Summary, issues, holding and outcome

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Parties

MEC for Economic Development, Environment & Tourism

Appellant

Madimetja Abram Mogahlane

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment; Application for Rescission and Review

Legal Issues

  1. 1 Whether the appellant unreasonably delayed in launching the review application under section 158(1)(h) of the LRA.
  2. 2 Whether the delay should be condoned or overlooked by the court.
  3. 3 Whether the appointment of the respondent as Senior Manager: MEC Support Services was lawful and in compliance with the Public Service Regulations.

Ratio Decidendi

The Labour Appeal Court held that although there is no prescribed time limit for launching a review under section 158(1)(h) of the LRA, such applications must be initiated within a reasonable time. The appellant delayed almost six months before launching the review, and the explanation for the delay was found to be wholly unreasonable. The court found no merit in the appellant's legal challenge to the respondent's appointment, as the appointment process complied with the relevant regulations, and the respondent's qualifications had been verified. The selection committee properly recommended the respondent, and the HOD and MEC approved the appointment. The Labour Court was correct in...

Court Disposition

Appeal dismissed with costs; previous order rescinded and set aside; respondent's appointment confirmed.

Orders

  • The previous order of the Labour Appeal Court of 9 November 2017, under case number JA42/16, dismissing the appeal is rescinded and set aside.
  • The appeal is dismissed with costs.