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South Africa Case Law

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Labour Law [2022] ZASCA 1

Masinga and Others v Chief of the South African National Defence Force and Others (51/2021)

Masinga and Others v Chief of the South African National Defence Force and Others (51/2021) [2022] ZASCA 1; [2022] 4 BLLR 305 (SCA); (2022) 43 ILJ 805 (SCA); [2022] 2 All SA 399 (SCA) (5 January 2022)

Court
Supreme Court of Appeal
Case number
51/2021
Judges
Petse AP, Makgoka JA, Schippers JA, Nicholls JA, Mabindla-Boqwana JA

The Supreme Court of Appeal held that the appellants' dismissal from the South African National Defence Force was lawful and occurred by operation of law under section 59(3) of the Defence Act. The court found that the appellants had absented themselves from official duty for more than 30 days without permission by refusing to attend classes, despite being physically present at the base. The jurisdictional requirements of section 59(3) were satisfied, and the audi alteram partem principle did not apply as the dismissal was not the result of an administrative decision but rather a legal conseq…

Source excerpt

  • Defence Act Section 59
  • Deemed Dismissal
  • Military Discipline
  • Audi Alteram Partem
  • Board Of Inquiry
  • Constitutional Rights
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Administrative Law [2018] ZASCA 14

National Police Commissioner and Another v Ngobeni (327/2017)

National Police Commissioner and Another v Ngobeni (327/2017) [2018] ZASCA 14; 2018 (4) SA 99 (SCA); 2018 (2) SACR 142 (SCA) (15 March 2018)

Court
Supreme Court of Appeal
Case number
327/2017
Judges
Shongwe, Wallis, Saldulker, Mathopo, Plasket

The Supreme Court of Appeal held that the National Commissioner is empowered by sections 8(8) and 9(1) of the South African Police Service Act 68 of 1995, read with section 207 of the Constitution, to establish a board of inquiry and suspend a Provincial Commissioner for alleged misconduct, unfitness for office, or incapacity, without reference to the Provincial Executive Council. The Court found that the statutory scheme distinguishes between situations where the Executive Council loses confidence and where the National Commissioner acts independently. The mutatis mutandis incorporation of p…

Source excerpt

  • Powers Of National Commissioner
  • Board Of Inquiry
  • Suspension Of Provincial Commissioner
  • Interpretation Of Statutes
  • Judicial Review
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.