Madzhadzhi and Others v President of the Republic of South Africa and Others (160/09)
Madzhadzhi and Others v President of the Republic of South Africa and Others (160/09) [2010] ZASCA 57; [2010] 4 All SA 1 (SCA) ; 2010 (12) BCLR 1309 (SCA) (1 April 2010)
The Supreme Court of Appeal held that section 5(2) of the Remuneration of Public Office Bearers Act does not prohibit traditional leaders from receiving a salary as headmen if they are also employed as public servants. The term 'public office' in section 5(2) refers only to elected officials and traditional leaders, not public service employees. The provincial government was not entitled to invoke section 5(2) to terminate the salaries of headmen who were also public servants. However, the application for declaratory relief was refused because granting such an order would not undo the consequ…
Source excerpt
- Remuneration Of Traditional Leaders
- Declaratory Relief
- Unfair Discrimination
- Provincial Vs National Competence
- Promotion Of Administrative Justice Act
- Salary Determination