oa Constitutional Court Review - Back off but back up! Administrative law rightly yields to labour law

Abstract

In 1990 the highest court in the land held, in Administrator, Transvaal, and Another v Zenzile and Others, that the principles of administrative law provide public servants with a platform to challenge a decision terminating their employment. If a dismissed public servant could show that the decision was procedurally unfair or substantively unjustified, the decision would be reversed and, as an axiomatic consequence of such a finding, the employee would be reinstated with retrospective effect (that is, with full back-pay).