Sysaar v Minister of Education and Others (PR 56/21) [2023] ZALCPE 3 (5 April 2023)

Sysaar v Minister of Education and Others (PR 56/21) [2023] ZALCPE 3 (5 April 2023)

The applicant failed to challenge the respondents' version in a replying affidavit, leaving their assertions unopposed. The court accepted the respondents' explanation that the fifth respondent's temporary placement was lawful under section 8(5) of the Employment of Educators Act and Collective Agreement 4 of 2016, with the necessary delegation of authority. The applicant did not establish valid grounds for reviewing and setting aside the impugned decision, nor did she provide cogent reasons for making the school governing body's recommendation an order of court. The late filing of the review application was condoned, but the substantive application was dismissed.

Citation
[2023] ZALCPE 3
Parties
Applicant: Lavern Sysaar; Respondent: Minister of Education; Respondent: Head of Department; Respondent: District Director of Education; Respondent: Fernwood Park School Governing Body; Respondent: M. Juries
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
5 April 2023
Case Number
PR 56/21
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed; late filing condoned; no order as to costs.
Judges
Z Lallie
Legal Topics
Employment of Educators Act, Collective Agreement 4 of 2016, Condonation of Late Filing, Review of Administrative Action
Labour Law Administrative Law Employment of Educators Act Collective Agreement 4 of 2016 Condonation of Late Filing Review of Administrative Action

Case Brief

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Parties

Lavern Sysaar

Applicant

Minister of Education

Respondent

Head of Department

Respondent

District Director of Education

Respondent

Fernwood Park School Governing Body

Respondent

M. Juries

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the third respondent's decision to transfer the fifth respondent was lawful and valid.
  2. 2 Whether the applicant's late filing of the review application should be condoned.
  3. 3 Whether the recommendation of the fourth respondent declaring the applicant a preferred candidate should be made an order of court.

Ratio Decidendi

The applicant failed to challenge the respondents' version in a replying affidavit, leaving their assertions unopposed. The court accepted the respondents' explanation that the fifth respondent's temporary placement was lawful under section 8(5) of the Employment of Educators Act and Collective Agreement 4 of 2016, with the necessary delegation of authority. The applicant did not establish valid grounds for reviewing and setting aside the impugned decision, nor did she provide cogent reasons for making the school governing body's recommendation an order of court. The late filing of the review application was condoned, but the substantive application was dismissed.

Court Disposition

Application for review dismissed; late filing condoned; no order as to costs.

Orders

  • The late filing of the application for review is condoned.
  • The application for review is dismissed.