President of South Africa and Others v Reinecke (210/13)
President of South Africa and Others v Reinecke (210/13) [2014] ZASCA 3; 2014 (3) SA 205 (SCA); [2014] 5 BLLR 419 (SCA); [2014] 2 All SA 376 (SCA); (2014) 35 ILJ 1485 (SCA) (28 February 2014)
The Supreme Court of Appeal held that, even if magistrates are employees of the State, their appointment, discipline, and discharge are governed by statute, specifically the Magistrates Act and its regulations. The respondent's grievances regarding his working conditions and removal from relief duties were matters for public law remedies, such as judicial review or interdict, not contractual damages. The chief magistrate had no authority to repudiate any contract or dismiss the respondent, and the statutory process for discharge was not followed. Recognising a contractual remedy for damages i…
Source excerpt
- Constructive Dismissal
- Repudiation Of Contract
- Employment Status Of Magistrates
- Public Law Remedies
- Magistrates Act
- Unfair Labour Practice