Head of Department: Free State Provincial Treasury v Member of the Executive Council for Finance (MEC): Free State Provincial Government and Others (990.2024)
Head of Department: Free State Provincial Treasury v Member of the Executive Council for Finance (MEC): Free State Provincial Government and Others (990.2024) [2024] ZAFSHC 88 (19 March 2024)
The applicant failed to satisfy the requirements for an interim interdict. Although urgency was accepted, the court found that the applicant had not demonstrated irreparable harm or the absence of alternative remedies. The declaration that the recruitment process was flawed had already been made and could not be interdicted retrospectively. Any potential disciplinary action would afford the applicant an opportunity to present her case, and the review proceedings constituted an adequate remedy. The harm alleged by the applicant was not imminent or irreparable, and the relief sought would not a…
Source excerpt
- Interim Interdict
- Review Of Administrative Action
- Employment Equity
- Disciplinary Proceedings
- Promotion Of Administrative Justice Act
- Public Service Commission Investigation