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)
Court
Labour Appeal Court
Case number
JA 90/11
Judges
Musi, Waglay, Ndlovu
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…