South Africa Case Law

Democratic Alliance v Minister of Public Enterprise and Others; Economic Freedom Fighters v Eskom Holdings Limited and Others; Solidarity Trade Union v Molefe and Others (33051/2017; 34568/2017; 34042/2017)

Democratic Alliance v Minister of Public Enterprise and Others; Economic Freedom Fighters v Eskom Holdings Limited and Others; Solidarity Trade Union v Molefe and Others (33051/2017; 34568/2017; 34042/2017) [2018] ZAGPPHC 1 (25 January 2018)

Court

North Gauteng High Court, Pretoria

Case number

33051/2017; 34568/2017; 34042/2017

Judges

K E Matojane, H J Fabricius, S S Mphahlele

The court found that the decisions by the Eskom Board and the Minister to appoint and reinstate Mr. Molefe as Group Chief Executive Officer were unlawful, irrational, and ultra vires the Memorandum of Incorporation and applicable statutes. Mr. Molefe was not eligible for early retirement or pension benefits under the Eskom Pension and Provident Fund rules due to his status as a temporary employee and insufficient years of service. The early retirement agreement and subsequent pension payments were unlawful, and the reinstatement agreement was invalid for lack of Ministerial approval and non-c…

Source excerpt

• Ultra Vires
• Public Power Rationality
• Pension Fund Rules
• Ministerial Appointment
• Fiduciary Duties
• Employment Contract Interpretation

Dyasi v Onderstepoort Biological Products Ltd and Others (J 1780/10)

Dyasi v Onderstepoort Biological Products Ltd and Others (J 1780/10) [2010] ZALC 205; [2011] 7 BLLR 671 (LC); (2011) 32 ILJ 1085 (LC) (16 November 2010)

Court

Labour Court

Case number

J 1780/10

Judge

Lagrange

The Labour Court held that OBP’s board could lawfully institute disciplinary proceedings against its managing director, and dismissed the urgent application.

• Disciplinary Proceedings
• Suspension Of Executive
• Powers Of Board
• Ministerial Appointment
• Public Entity Governance
• Disciplinary-proceedings