Mogaladi and Another v Public Protector South Africa (J 528/21)
Mogaladi and Another v Public Protector South Africa (J 528/21) [2021] ZALCJHB 64 (28 May 2021)
The Labour Court held that the Public Protector, as an organ of state and employer, is bound by the final sanction imposed by the Chairperson of the disciplinary hearing in terms of the applicable Disciplinary Code and Procedure. The Code requires the Chairperson to determine and submit the final sanction for implementation; it does not permit the Public Protector to unilaterally alter or substitute the sanction, nor to invoke a secondary disciplinary process. The Public Protector's conduct in seeking to impose a dismissal contrary to the Chairperson's sanction constitutes unlawful self-help…
Source excerpt
- Disciplinary Code And Procedure
- Powers Of State Employer
- Ultra Vires
- Final Sanction
- Self Help
- Constitutional Rights