Solidarity v Minister of Human Settlements Water and Sanitation (32021/2021) [2024] ZAGPPHC 1373; (2024) 45 ILJ 2828 (GP) (31 May 2024)

Solidarity v Minister of Human Settlements Water and Sanitation (32021/2021) [2024] ZAGPPHC 1373; (2024) 45 ILJ 2828 (GP) (31 May 2024)

The court found that the appointment of Cuban engineers to the Department of Human Settlements, Water and Sanitation was unlawful and constitutionally invalid. Neither the procurement processes required by section 217 of the Constitution and the Preferential Procurement Policy Framework Act, nor the appointment procedures under the Public Service Act and its regulations, were followed. The respondent did not dispute this failure. The court held that the exercise of public power must comply with the Constitution and the doctrine of legality. The contracts of the Cuban engineers were due to end in August 2024, and the court declined to interdict the Department from continuing with the...

Citation
[2024] ZAGPPHC 1373
Parties
Applicant: Solidarity; Respondent: Minister of Human Settlements Water and Sanitation
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 May 2024
Case Number
32021/2021
Procedural Posture
Review Application / Judgment
Outcome
The application succeeded in part. The appointment of Cuban scientists, engineers and engineering assistants to the Department of Human Settlements, Water and Sanitation without adherence to proper procurement or appointment procedures was declared unlawful and constitutionally invalid. Costs were awarded to the...
Judges
Swanepoel
Legal Topics
Public Service Appointments, Procurement Processes, Section 217 Constitution, Preferential Procurement Policy Framework Act, Doctrine of Legality
Administrative Law Constitutional Law Public Service Appointments Procurement Processes Section 217 Constitution Preferential Procurement Policy Framework Act Doctrine of Legality

Case Brief

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Parties

Solidarity

Applicant

Minister of Human Settlements Water and Sanitation

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the appointment of Cuban engineers to the Department of Human Settlements, Water and Sanitation was lawful and constitutionally valid.
  2. 2 Whether proper procurement processes or public service appointment regulations were followed.
  3. 3 Whether the failure to join interested parties, including the Cuban engineers, affected the validity of the proceedings.

Ratio Decidendi

The court found that the appointment of Cuban engineers to the Department of Human Settlements, Water and Sanitation was unlawful and constitutionally invalid. Neither the procurement processes required by section 217 of the Constitution and the Preferential Procurement Policy Framework Act, nor the appointment procedures under the Public Service Act and its regulations, were followed. The respondent did not dispute this failure. The court held that the exercise of public power must comply with the Constitution and the doctrine of legality. The contracts of the Cuban engineers were due to end in August 2024, and the court declined to interdict the Department from continuing with the...

Court Disposition

The application succeeded in part. The appointment of Cuban scientists, engineers and engineering assistants to the Department of Human Settlements, Water and Sanitation without adherence to proper procurement or appointment procedures was declared unlawful and constitutionally invalid. Costs were awarded to the...

Orders

  • The appointment of Cuban scientists, engineers and engineering assistants to the Department of Human Settlements, Water and Sanitation without adherence to either section 217 of the Constitution, the Preferential Procurement Policy Framework Act, 5 of 2000 and the Preferential Procurement Regulations published in...
  • The respondent shall pay the applicant’s costs on the High Court Scale C.