Molefe and Others v Minister of Transport and Others (17748/17) [2017] ZAGPPHC 120 (10 April 2017)

Molefe and Others v Minister of Transport and Others (17748/17) [2017] ZAGPPHC 120 (10 April 2017)

The Court found that the Minister's power to appoint and dismiss PRASA's Board is sourced from statute, not the Constitution, and thus constitutes administrative action subject to review under PAJA. The Minister failed to afford the applicants a fair hearing prior to their removal, violating the audi alteram partem rule and procedural fairness. The Minister did not provide reasons at the time of removal, and reasons formulated after the fact cannot justify the decision. The removal was irrational and disproportionate, especially as the Minister herself later terminated the secondment of Mr. Letsoalo, which was the purported trigger for the Board's removal. The wholesale removal of the...

Citation
[2017] ZAGPPHC 120
Parties
Applicant: Popo Simon Molefe; Applicant: Zodwa Penelope Manase; Applicant: Mashila Jemina Matlala; Applicant: William Solomon Steenkamp; Applicant: Xolile George; Applicant: Clement Manyungwana; Respondent: Minister of Transport; Respondent: Passenger Rail Agency of South Africa; Respondent: Carol Roskruge-Cele; Respondent: Nonduduzo Samukeliswe Kheswa; Respondent: Nazir Ali; Respondent: Ronny Mkhwanazi; Respondent: Tiyani Rikhotso; Respondent: Natalie Skeepers; Respondent: Constance Maleho
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 April 2017
Case Number
17748/17
Procedural Posture
Urgent Application / Final Judgment on Urgent Application for Review and Reinstatement
Outcome
Application granted. The Minister's decision to remove the applicants from PRASA's Board is reviewed and set aside. The applicants are reinstated as directors. The appointment of new directors is set aside. Costs awarded against the Minister.
Judges
P.M. Mabuse
Legal Topics
Review of Administrative Action, Audi Alteram Partem, Public Entity Governance, Ministerial Powers, Procedural Fairness, Reinstatement of Directors
Administrative Law Civil Procedure Land and Property Review of Administrative Action Audi Alteram Partem Public Entity Governance Ministerial Powers Procedural Fairness +1 more

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Parties

Popo Simon Molefe

Applicant

Zodwa Penelope Manase

Applicant

Mashila Jemina Matlala

Applicant

William Solomon Steenkamp

Applicant

Xolile George

Applicant

Clement Manyungwana

Applicant

Minister of Transport

Respondent

Passenger Rail Agency of South Africa

Respondent

Carol Roskruge-Cele

Respondent

Nonduduzo Samukeliswe Kheswa

Respondent

Nazir Ali

Respondent

Ronny Mkhwanazi

Respondent

Tiyani Rikhotso

Respondent

Natalie Skeepers

Respondent

Constance Maleho

Respondent

Procedural Posture

Urgent Application / Final Judgment on Urgent Application for Review and Reinstatement

Legal Issues

  1. 1 Whether the Minister's decision to remove the applicants from PRASA's Board constituted administrative or executive action.
  2. 2 Whether the Minister acted lawfully, rationally, and in accordance with procedural fairness in removing the applicants.
  3. 3 Whether the removal of the Board and appointment of new directors was valid and lawful.

Ratio Decidendi

The Court found that the Minister's power to appoint and dismiss PRASA's Board is sourced from statute, not the Constitution, and thus constitutes administrative action subject to review under PAJA. The Minister failed to afford the applicants a fair hearing prior to their removal, violating the audi alteram partem rule and procedural fairness. The Minister did not provide reasons at the time of removal, and reasons formulated after the fact cannot justify the decision. The removal was irrational and disproportionate, especially as the Minister herself later terminated the secondment of Mr. Letsoalo, which was the purported trigger for the Board's removal. The wholesale removal of the...

Court Disposition

Application granted. The Minister's decision to remove the applicants from PRASA's Board is reviewed and set aside. The applicants are reinstated as directors. The appointment of new directors is set aside. Costs awarded against the Minister.

Orders

  • This application is treated as urgent and the forms prescribed by the Rules of Court are dispensed with.
  • The Notices of Removal issued by the First Respondent on 8 March 2017 in respect of each of the Applicants, except the Fifth Applicant, are reviewed and set aside.