Reynopark High School and Another v Member of the Executive Council: Department of Basiseducation Mpumalanga Province and Others (26424/12)
Reynopark High School and Another v Member of the Executive Council: Department of Basiseducation Mpumalanga Province and Others (26424/12) [2014] ZAGPPHC 970 (12 December 2014)
The court found that the second respondent was not authorised to appoint the third and fourth respondents because the school governing body did not properly recommend them as required by section 6(3) of the Employment of Educators Act. The documentation showed that only Ms I L Ras and Mr J P Pistorius were recommended for the respective posts, and the statutory requirement of submitting a list of recommended candidates was not satisfied. Without the jurisdictional fact of recommendation, the Head of Department lacked discretion to appoint under section 6(3)(f). The appointments were therefore…
Source excerpt
- Employment Of Educators Act
- Recommendation Requirement
- Jurisdictional Facts
- Review Of Administrative Action
- School Governing Body Powers