Pascoe and Another v Minister of Public Services and Administration and Another (D614/2001) [2002] ZALC 42; [2002] 8 BLLR 791 (LC) (4 June 2002)

Pascoe and Another v Minister of Public Services and Administration and Another (D614/2001) [2002] ZALC 42; [2002] 8 BLLR 791 (LC) (4 June 2002)

The court held that section 37(2)(c) of the Public Service Act does not authorise the promotion of officials on the recommendation of a Provincial Service Commission. The statutory scheme distinguishes between provisions for promotion and those for remuneration, and only the executing authority may approve promotions. The Provincial Service Commission lacked authority under the Act to make recommendations for promotion, and the transitional arrangements did not preserve the applicants' entitlement after the Commission was disestablished. The recommendation for promotion was therefore ultra vires and invalid.

Citation
[2002] ZALC 42
Parties
Applicant: C P Pascoe; Applicant: E M R Randt; Respondent: Minister for the Public Service and Administration; Respondent: MEC for Health, KwaZulu-Natal; Respondent: Head of the Department of Health KwaZulu-Natal
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
4 June 2002
Case Number
D614/2001
Procedural Posture
Declaratory Application / Judgment
Outcome
Application for a declarator partially granted; the court declared that section 37(2)(a) of the Public Service Act does not contemplate the promotion of officers.
Judges
Pillay D
Legal Topics
Public Service Act, Promotion in Public Service, Remuneration, Provincial Service Commission, Ultra Vires
Labour Law Public Service Act Promotion in Public Service Remuneration Provincial Service Commission Ultra Vires

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Parties

C P Pascoe

Applicant

E M R Randt

Applicant

Minister for the Public Service and Administration

Respondent

MEC for Health, KwaZulu-Natal

Respondent

Head of the Department of Health KwaZulu-Natal

Respondent

Procedural Posture

Declaratory Application / Judgment

Legal Issues

  1. 1 Does section 37(2)(c) of the Public Service Act 103 of 1994 contemplate the promotion of officials?
  2. 2 Was the Provincial Service Commission authorised to recommend the applicants' promotion under section 37(2)(c)?
  3. 3 Did the recommendation for promotion remain valid after the disestablishment of the Provincial Service Commission?

Ratio Decidendi

The court held that section 37(2)(c) of the Public Service Act does not authorise the promotion of officials on the recommendation of a Provincial Service Commission. The statutory scheme distinguishes between provisions for promotion and those for remuneration, and only the executing authority may approve promotions. The Provincial Service Commission lacked authority under the Act to make recommendations for promotion, and the transitional arrangements did not preserve the applicants' entitlement after the Commission was disestablished. The recommendation for promotion was therefore ultra vires and invalid.

Court Disposition

Application for a declarator partially granted; the court declared that section 37(2)(a) of the Public Service Act does not contemplate the promotion of officers.

Orders

  • It is declared that section 37(2)(a) of the Public Service Act of 1994 does not contemplate the promotion of officers.
  • There is no order as to costs.