Noe and Others v Premier of the Free State Provincial Division and Others (3607/09)
Noe and Others v Premier of the Free State Provincial Division and Others (3607/09) [2010] ZAFSHC 56 (4 June 2010)
The court found that the purported permanent appointments of the applicants were made without compliance with the mandatory procedures set out in the Public Service Act and Regulations, specifically the requirements for advertising and selection. The distinction between section 12A and permanent appointments was emphasized, and the court held that the reference to section 9 in the first applicant's contract was a mistake. The Premier was entitled and obliged to reverse the unlawful appointments under section 5(7) of the Act, as the decision was based on an error of law and it was in the publi…
Source excerpt
- Public Service Act
- Appointment Procedures
- Legality Of Administrative Action
- Waiver And Estoppel
- Legitimate Expectation