Rantso v MEC, Department of Health (5209/06) [2008] ZAFSHC 28 (15 May 2008)

Rantso v MEC, Department of Health (5209/06) [2008] ZAFSHC 28 (15 May 2008)

The court found that the applicant failed to prove he was under a bona fide impression that his study leave had been approved. The evidence of Mr. Mdluli was accepted over that of the applicant, establishing that the applicant was informed his application was incomplete and could not be recommended. The applicant's failure to follow up and his knowledge of the leave policy, given his experience and union involvement, undermined his claim of bona fide belief. The respondent's refusal to reinstate was not capricious and was based on proper consideration of the relevant circumstances. The applicant did not discharge the onus of showing good cause for reinstatement under section 17(5)(b) of...

Citation
[2008] ZAFSHC 28
Parties
Applicant: Mphetheng Lucas Rantso; Respondent: MEC, Department of Health
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
15 May 2008
Case Number
5209/06
Procedural Posture
Review Application / Hearing of Oral Evidence Under Rule 6(5)(g)
Outcome
Application dismissed with costs.
Judges
C.B. Cillié
Legal Topics
Public Service Act Section 17, Study Leave Policy, Good Cause Reinstatement, Failure to Inform, Onus of Proof
Administrative Law Labour Law Public Service Act Section 17 Study Leave Policy Good Cause Reinstatement Failure to Inform Onus of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Mphetheng Lucas Rantso

Applicant

MEC, Department of Health

Respondent

Procedural Posture

Review Application / Hearing of Oral Evidence Under Rule 6(5)(g)

Legal Issues

  1. 1 Whether the applicant was informed on 25 February 2005 by his superior that his study leave had not been approved.
  2. 2 Whether the applicant showed good cause for reinstatement under section 17(5)(b) of the Public Service Act.
  3. 3 Whether the respondent properly considered the applicant's bona fide impression when refusing reinstatement.

Ratio Decidendi

The court found that the applicant failed to prove he was under a bona fide impression that his study leave had been approved. The evidence of Mr. Mdluli was accepted over that of the applicant, establishing that the applicant was informed his application was incomplete and could not be recommended. The applicant's failure to follow up and his knowledge of the leave policy, given his experience and union involvement, undermined his claim of bona fide belief. The respondent's refusal to reinstate was not capricious and was based on proper consideration of the relevant circumstances. The applicant did not discharge the onus of showing good cause for reinstatement under section 17(5)(b) of...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.