Tshavhungwa v National Director of Public Prosecutions and Others (42117/06)
Tshavhungwa v National Director of Public Prosecutions and Others (42117/06) [2008] ZAGPHC 412 (12 March 2008)
The court held that only the Minister of Justice and Constitutional Development had the statutory authority to terminate the applicant's employment as Deputy Director of Public Prosecutions. The termination effected by EXCO and the first and third respondents was unlawful and invalid, as there was no legislative framework authorizing them to do so. However, the application for review was brought outside the 180-day period prescribed by section 7 of PAJA, and no application for condonation was made. The applicant, being a legally trained person, failed to act with reasonable promptness after h…
Source excerpt
- Promotion Of Administrative Justice Act
- Jurisdiction Of High Court
- Termination Of Public Service Employment
- Internal Remedies Exhaustion
- Unreasonable Delay
- Authority To Dismiss