Lawrence v Magistrates Commission and Others (1070/2019)
Lawrence v Magistrates Commission and Others (1070/2019) [2019] ZAFSHC 269; 2020 (2) SA 526 (FB) (12 December 2019)
The court found that the Appointments Committee was not quorate during the Bloemfontein shortlisting process, as only five out of ten members were present, contrary to the statutory requirement that a majority constitutes a quorum. The chairperson's purported exercise of discretion to reduce the quorum was held to be unlawful and irrational. The Committee failed to consider all qualifying candidates, unlawfully excluded white candidates from consideration, and did not properly apply section 174(2) of the Constitution or regulation 5 of the Magistrates Act. The shortlisting proceedings were th…
Source excerpt
- Judicial Appointments
- Principle Of Legality
- Quorum Requirements
- Section 174 2 Constitution
- Review Of Administrative Action
- Procedural Fairness