MEC for Gauteng Department of Infrastructure Development v Ramapepe (J1943/2019)
MEC for Gauteng Department of Infrastructure Development v Ramapepe (J1943/2019) [2022] ZALCJHB 98 (12 May 2022)
The court found that both the appointment and transfer of the respondent were unlawful, unreasonable, and irrational. The selection panel added criteria after shortlisting that unfairly favoured the respondent, contrary to the Public Service Act and Regulations. The transfer was also unlawful as the respondent never assumed the original post, and the subsequent position was not advertised or filled through proper procedures. Although the application was delayed, the court exercised its discretion to overlook the delay due to the seriousness of the irregularities and the applicant's constituti…
Source excerpt
- Public Service Act
- Recruitment Irregularities
- Principle Of Legality
- Unlawful Appointment
- Transfer Of Employees
- Just And Equitable Remedy