Ndudane v Premier of the Eastern Cape & Another (20/2020) [2021] ZAECBHC 39; (2022) 43 ILJ 439 (ECB) (1 June 2021)

Ndudane v Premier of the Eastern Cape & Another (20/2020) [2021] ZAECBHC 39; (2022) 43 ILJ 439 (ECB) (1 June 2021)

The court found that a valid and binding contract of employment was concluded between the applicant and the first respondent when the applicant accepted the written offer of appointment. The applicant's dismissal by her previous employer, DAFF, did not automatically nullify the contract, as the first respondent failed to approach the court to set aside his own decision. The court held that unilateral suspension or revocation of the contract by the first respondent amounted to unlawful self-help, which is impermissible under constitutional principles. The applicant was found to have disclosed her disciplinary status during the interview, and the respondents' version was rejected as...

Citation
[2021] ZAECBHC 39
Parties
Applicant: Siphokazi Ndudane; Respondent: Premier of the Eastern Cape; Respondent: Member of Executive Council for the Eastern Cape Department of Rural Development and Agrarian Reform
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
1 June 2021
Case Number
20/2020
Procedural Posture
Urgent Application / Final Hearing on Merits After Opposed Motion Proceedings
Outcome
Application granted. The contract between the applicant and first respondent is declared valid and binding.
Judges
Maswazi
Legal Topics
Public Service Act, Employment Contracts, Disciplinary Proceedings, Self Help Prohibition, Declaratory Relief, Strike Out Application
Labour Law Civil Procedure Administrative Law Public Service Act Employment Contracts Disciplinary Proceedings Self Help Prohibition Declaratory Relief +1 more

Case Brief

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Parties

Siphokazi Ndudane

Applicant

Premier of the Eastern Cape

Respondent

Member of Executive Council for the Eastern Cape Department of Rural Development and Agrarian Reform

Respondent

Procedural Posture

Urgent Application / Final Hearing on Merits After Opposed Motion Proceedings

Legal Issues

  1. 1 Whether a valid and binding contract of employment exists between the applicant and the first respondent.
  2. 2 Whether the applicant disclosed her disciplinary status with her previous employer during the appointment process.
  3. 3 Whether the applicant's dismissal by her previous employer disqualified her from appointment under the Public Service Act and Regulations.

Ratio Decidendi

The court found that a valid and binding contract of employment was concluded between the applicant and the first respondent when the applicant accepted the written offer of appointment. The applicant's dismissal by her previous employer, DAFF, did not automatically nullify the contract, as the first respondent failed to approach the court to set aside his own decision. The court held that unilateral suspension or revocation of the contract by the first respondent amounted to unlawful self-help, which is impermissible under constitutional principles. The applicant was found to have disclosed her disciplinary status during the interview, and the respondents' version was rejected as...

Court Disposition

Application granted. The contract between the applicant and first respondent is declared valid and binding.

Orders

  • The application to strike out annexures SNR1, SNR2, SNR3 and SNR4 is dismissed with no order as to costs.
  • It is declared that there is a valid and binding contract between the applicant and first respondent concluded on 29 November 2019, appointing the applicant as Head of Department of Rural Development and Agrarian Reform: Eastern Cape.