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)
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