Feltmann v Minister of Safety and Security Section Head: Medical Administration and Another (JR1487/2011)
Feltmann v Minister of Safety and Security Section Head: Medical Administration and Another (JR1487/2011) [2015] ZALCJHB 368 (1 October 2015)
The court found that the applicant failed to make out a cause of action for review in his founding affidavit, as required in motion proceedings. Even if the court considered the arguments raised in reply and during oral argument, the decision of the SAPS to refuse ill-health retirement was rationally connected to the information before it, including both psychiatric and occupational therapy reports. The applicable policy did not require exclusive reliance on psychiatric assessments, and the decision to offer alternative employment with ongoing treatment was consistent with the policy's purpos…
Source excerpt
- Ill Health Retirement
- Legality Review
- Rationality Of Administrative Action
- Incapacity Leave Policy