South Africa Case Law

Dichabe v Free State Gambling, Liquor and Tourism Authority and Others (2752/2024)

Dichabe v Free State Gambling, Liquor and Tourism Authority and Others (2752/2024) [2024] ZAFSHC 284; [2024] 4 All SA 466 (FB) (12 September 2024)

Court

Free State High Court, Bloemfontein

Case number

2752/2024

Judge

Ramdeyal AJ

The court held that the Board of the Free State Gambling, Liquor and Tourism Authority does not have the authority to suspend or discipline its CEO, as the CEO is appointed by the MEC and is a member of the Board. The relevant statutes and Treasury Regulations reserve disciplinary powers over Board members and the CEO to the executive authority, namely the MEC. The Board's powers are limited to employees who are not Board members. The disciplinary proceedings and precautionary suspension instituted by the Board were therefore unlawful. The MEC is ordered to initiate an investigation into the…

Source excerpt

• Disciplinary Powers Of Executive Authority
• Precautionary Suspension
• Public Entity Governance
• Declaratory Relief
• Financial Misconduct Investigation

Dichabe v Free State Gambling, Liquor and Tourism Authority and Others (2752/2024)

Dichabe v Free State Gambling, Liquor and Tourism Authority and Others (2752/2024) [2024] ZAFSHC 180 (4 June 2024)

Court

Free State High Court, Bloemfontein

Case number

2752/2024

Judge

I Van Rhyn

The court granted an interim interdict stopping a disciplinary hearing against the CEO pending Part B, finding a prima facie right and balance of convenience.

• Interim Interdict
• Disciplinary Proceedings
• Public Entity Governance
• Authority To Discipline
• Precautionary Suspension
• Interim-interdict

National Lotteries Commission v Minister of Trade, Industry and Competition (63115/2020)

National Lotteries Commission v Minister of Trade, Industry and Competition (63115/2020) [2022] ZAGPPHC 67 (1 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

63115/2020

Judge

Neukircher

The High Court held that the Minister could commission a forensic investigation into the NLC and refused access to the preliminary report at this stage.

• Ministerial Oversight
• Public Entity Governance
• Access To Information
• Lotteries Act
• Public Finance Management Act
• Shareholders Compact

#Unitebehind v Minister of Transport and Others (2058/2020)

#Unitebehind v Minister of Transport and Others (2058/2020) [2020] ZAWCHC 85; [2020] 4 All SA 593 (WCC) (25 August 2020)

Court

Western Cape High Court, Cape Town

Case number

2058/2020

Judge

Erasmus

The court reviewed PRASA leadership decisions, holding that the Minister unlawfully failed to appoint a Board of Control and unlawfully appointed an Administrator and acting GCEO.

• Promotion Of Administrative Justice Act
• Public Entity Governance
• Board Appointment
• Ministerial Powers
• Accounting Authority
• Judicial Review

Molefe and Others v Minister of Transport and Others (17748/17)

Molefe and Others v Minister of Transport and Others (17748/17) [2017] ZAGPPHC 120 (10 April 2017)

Court

North Gauteng High Court, Pretoria

Case number

17748/17

Judge

P.M. Mabuse

The Court found that the Minister's power to appoint and dismiss PRASA's Board is sourced from statute, not the Constitution, and thus constitutes administrative action subject to review under PAJA. The Minister failed to afford the applicants a fair hearing prior to their removal, violating the audi alteram partem rule and procedural fairness. The Minister did not provide reasons at the time of removal, and reasons formulated after the fact cannot justify the decision. The removal was irrational and disproportionate, especially as the Minister herself later terminated the secondment of Mr. L…

Source excerpt

• Review Of Administrative Action
• Audi Alteram Partem
• Public Entity Governance
• Ministerial Powers
• Procedural Fairness
• Reinstatement Of Directors

Tsietsi v Mmabana Arts, Culture & Sports Foundation and Another (J 1307/12)

Tsietsi v Mmabana Arts, Culture & Sports Foundation and Another (J 1307/12) [2012] ZALCJHB 55 (22 June 2012)

Court

Labour Court Johannesburg

Case number

J 1307/12

Judge

R Lagrange

The court found that, in the absence of a duly constituted board, neither the MEC nor the acting CEO had statutory authority to appoint staff to the Foundation. However, as the applicant's appointment had not been set aside by a court, it remained effective and enforceable. The MEC's attempt to terminate the applicant's employment constituted a collateral challenge, which was impermissible in these circumstances; the proper procedure was to bring a review application to set aside the appointment. The MEC had locus standi to participate in the proceedings but lacked authority to act on behalf…

Source excerpt

• Interim Relief
• Locus Standi
• Invalid Appointment
• Collateral Challenge
• Public Entity Governance

Hlubi and Others v Universal Services and Access Agency of South Africa (USAASA) and Others (J 2951/2011)

Hlubi and Others v Universal Services and Access Agency of South Africa (USAASA) and Others (J 2951/2011) [2012] ZALCJHB 21 (24 February 2012)

Court

Labour Court Johannesburg

Case number

J 2951/2011

Judge

AC Basson

The Labour Court held that the Minister could appoint interim Executive Caretakers for USAASA and dismissed employees’ challenge to their suspension and disciplinary proceedings.

• Executive Caretaker Appointment
• Disciplinary Proceedings
• Public Entity Governance
• Suspension Of Employees
• Powers Of Minister
• Accounting Authority Pfma

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

Sokhela and Others v MEC for Agriculture and Environmental Affairs (Kwazulu-Natal) and Others (12266/08)

Sokhela and Others v MEC for Agriculture and Environmental Affairs (Kwazulu-Natal) and Others (12266/08) [2009] ZAKZPHC 30; 2010 (5) SA 574 (KZP) 2010 (5) SA 574 (KZP) (19 June 2009)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

12266/08

Judge

Wallis

The court held that suspending KwaZulu-Natal Nature Conservation Board members without clear notice and a proper opportunity to respond was procedurally unfair and invalid.

• Procedural Fairness
• Promotion Of Administrative Justice Act
• Suspension Of Statutory Board Members
• Audi Alteram Partem
• Public Entity Governance
• Administrative-law