South Africa Case Law

Khathu Primary School and Another v Head of the Department of Education, Northern Cape and Others ; Seodin Primary School and Another v Head of the Department of Education, Northern Cape and Others (308/2018, 561/2018)

Khathu Primary School and Another v Head of the Department of Education, Northern Cape and Others ; Seodin Primary School and Another v Head of the Department of Education, Northern Cape and Others (308/2018, 561/2018) [2019] ZANCHC 50 (6 September 2019)

Court

Northern Cape High Court, Kimberley

Case number

308/2018 & 561/2018

Judges

Williams, Pakati

The court found that the Head of Department acted within the statutory and constitutional framework by declining the School Governing Bodies' recommendations for educator appointments. The refusal was based on the lack of compliance with requirements for equity, redress, and representivity, as mandated by the Employment of Educators Act and the Constitution. The court held that the shortlisting and interview procedures were flawed, including insufficient notice and potential bias, which undermined the fairness of the process. The court emphasized that it should not substitute its own decision…

Source excerpt

• Promotion Of Administrative Justice Act
• Employment Equity
• School Governing Body Powers
• Educator Appointments
• Rationality Review
• Bias And Conflict Of Interest

Allpay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer of the South African Social Security Agency and Others (7447/2012)

Allpay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer of the South African Social Security Agency and Others (7447/2012) [2012] ZAGPPHC 185 (28 August 2012)

Court

North Gauteng High Court, Pretoria

Case number

7447/2012

Judge

K E Matojane

High Court review of SASSA’s social grants tender found the procurement process unlawful, but declined to set aside the CPS award to avoid disrupting payments.

• Public Procurement
• Procedural Fairness
• Preferential Procurement Policy Framework Act
• Bias And Conflict Of Interest
• Just And Equitable Remedy
• Children S Rights

Emergency Medical Supplies and Training CC t/a EMS v Health Professions Council of South Africa and Another (A15/07)

Emergency Medical Supplies and Training CC t/a EMS v Health Professions Council of South Africa and Another (A15/07) [2011] ZAWCHC 393 (28 October 2011)

Court

Western Cape High Court, Cape Town

Case number

A15/07

Judges

J M Hlophe, D H Zondi

The High Court dismissed an appeal against the withdrawal of EMS’s accreditation, finding the board had authority and the evidence showed non-compliance.

• Health Professions Act Section 20
• Withdrawal Of Accreditation
• Procedural Fairness
• Bias And Conflict Of Interest
• Scope Of Accreditation
• Quality Of Training