Tshabalala v Mahlango and Others (22991/2020)
Tshabalala v Mahlango and Others (22991/2020) [2021] ZAGPPHC 594 (16 September 2021)
The court found that the forensic audit report did not constitute administrative action as defined by PAJA, since no decision was taken against the applicant and the report merely made recommendations regarding the administration of school accounts. The applicant was afforded an opportunity to respond to the allegations via the 'audi letter', and no legal basis was established for the retraction or public apology sought. The amended notice of motion introduced a new cause of action not substantiated by the founding papers, and the requirements for a legality review were not met. The applicant…
Source excerpt
- School Governing Body Powers
- Forensic Audit Reports
- Administrative Action Definition
- Audi Alteram Partem
- Legality Review
- Costs Orders