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Public sector employment in the new Constitutional era: Chirwa v Transnet (Ltd) & Others [2008) 2 BLLR 97 (CC)
The most recent Constitutional Court case to traverse the landscape of both labour and administrative law is the long-awaited judgment of Chirwa v Transnet (Ltd) & Others (Chirwa). This Court was asked to address the two most formidable issues within public sector employment. Firstly, whether pu...
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| Language: | English English |
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Institute of Development and Labour Law
2026
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| Summary: | The most recent Constitutional Court case to traverse the landscape of both labour and administrative law is the long-awaited judgment of Chirwa v Transnet (Ltd) & Others (Chirwa). This Court was asked to address the two most formidable issues within public sector employment. Firstly, whether public sector disputes are justiciable in the High Court, and secondly, whether the termination of a public sector employment contract amounts to administrative action. The uncertainty around these issues can be said to have arisen because of two irreconcilable viewpoints. The first view contests that dismissals and other public sector employment disputes do not amount to administrative action, and therefore cannot be the subject of litigation under the common law, the Promotion of Administrative Justice Act (PAJA), or the Constitution of the Republic of South Africa (the Constitution). On the other hand, the second view contests that public sector disputes, including employment disputes, arise from administrative action, and by parity of reasoning, are subject to the PAJA. |
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