Ndjibu and Others v Member of the Executive Council for Health, Eastern Cape Province and Others (331/2023)
Ndjibu and Others v Member of the Executive Council for Health, Eastern Cape Province and Others (331/2023) [2023] ZAECBHC 33 (10 October 2023)
The court found that the applicants, as foreign nationals without South African citizenship or permanent residency, did not meet the statutory requirements for permanent appointment under section 10(1)(a) of the Public Service Act. The district manager acted ultra vires in appointing them permanently, contrary to both the Act and national policy, which only permits fixed-term contracts for foreign nationals. The employment contracts and letters of appointment were therefore unlawful and invalid. The court rejected the applicants' argument that breach of the Act should not result in nullity, d…
Source excerpt
- Public Service Act
- Employment Of Foreign Nationals
- Legality Review
- Ultra Vires
- Fixed Term Contracts