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South Africa Case Law

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Administrative Law [2016] ZAGPPHC 1128

Kgwadi v Cwele NO and Another (56481/11)

Kgwadi v Cwele NO and Another (56481/11) [2016] ZAGPPHC 1128 (10 November 2016)

The High Court dismissed an application challenging a refused transfer, salary deductions for an erroneous payment, and a performance assessment.

  • Promotion Of Administrative Justice Act
  • Unfair Labour Practice
  • Interdepartmental Transfer
  • Salary Deduction
  • Performance Assessment
  • Administrative-law
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Labour Law [2012] ZALAC 35

Public Servants Association of South Africa v Minister of Department of Home Affairs and Others (JA 90/11)

Public Servants Association of South Africa v Minister of Department of Home Affairs and Others (JA 90/11) [2012] ZALAC 35; [2013] 3 BLLR 237 (LAC) (27 November 2012)

The Labour Court erred in striking out the appellant's affidavits without proper notice and on insufficient grounds, as hearsay evidence may be admitted in urgent applications if justified. However, even if the affidavits were admitted, the appellant failed to establish a clear right to the relief sought. The Minister of Home Affairs was entitled under the Public Service Regulations and the Public Service Act to recruit and transfer employees from the Department of Defence without advertising posts, as this was in the public interest and enhanced organizational effectiveness. The evidence did…

  • Public Service Regulations
  • Interdepartmental Transfer
  • Final Interdict
  • Procedural Fairness
  • Hearsay Evidence
  • Unfair Discrimination
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