South Africa Case Law

MEC Department of Education Kwazulu-Natal v Khumalo and Another (D749/08)

MEC Department of Education Kwazulu-Natal v Khumalo and Another (D749/08) [2010] ZALC 79; [2010] 11 BLLR 1174 (LC); 2011 (1) BCLR 94 (LC) (6 July 2010)

Court

Labour Court

Case number

D749/08

Judge

Pillay D

The Labour Court found that both promotions were unlawful: Khumalo did not meet the minimum requirements for the post, and Ritchie was not short-listed but received protected promotion through a settlement agreement. The MEC and her officials failed to act ethically, accountably, and transparently, violating the principle of legality and constitutional values under sections 1, 2, and 195 of the Constitution. The delay in bringing the application did not bar relief, as dismissing the case on procedural grounds would compound the injustice and undermine public interest. The doctrine of functus…

Source excerpt

• Unlawful Promotion
• Protected Promotion
• Public Service Act
• Principle Of Legality
• Section 195 Constitution
• Fair Labour Practices

Taylor v S (A352/2007)

Taylor v S (A352/2007) [2009] ZAWCHC 222 (26 November 2009)

Court

Western Cape High Court, Cape Town

Case number

A352/2007

Judges

Le Grange, Traverso

The High Court dismissed Taylor’s application for leave to appeal against his fraud conviction, rejecting claims that SARS investigators acted unfairly or violated his fair-trial rights.

• Fraud
• Right To Fair Trial
• Public Accountability
• Section 195 Constitution
• Fair-trial-rights
• Public-accountability