Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
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...
Saved in:
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | English English |
| Published: |
Institute of Development and Labour Law
2026
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613222182322176 |
|---|---|
| access_status_str | Open Access |
| author | Singlee, Sufinnah |
| author2 | Le Roux, Rochelle |
| author_browse | Le Roux, Rochelle Singlee, Sufinnah |
| author_facet | Le Roux, Rochelle Singlee, Sufinnah |
| author_sort | Singlee, Sufinnah |
| collection | Thesis |
| description | 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. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/43138 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:32:42.829Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | Institute of Development and Labour Law |
| publisherStr | Institute of Development and Labour Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/43138 Public sector employment in the new Constitutional era: Chirwa v Transnet (Ltd) & Others [2008) 2 BLLR 97 (CC) Singlee, Sufinnah Le Roux, Rochelle Labour Law 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. 2026-04-28T10:44:17Z 2026-04-28T10:44:17Z 2009 2026-04-28T10:43:04Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/43138 en eng application/pdf Institute of Development and Labour Law Faculty of Law University of Cape Town |
| spellingShingle | Labour Law Singlee, Sufinnah Public sector employment in the new Constitutional era: Chirwa v Transnet (Ltd) & Others [2008) 2 BLLR 97 (CC) |
| thesis_degree_str | Master's |
| title | Public sector employment in the new Constitutional era: Chirwa v Transnet (Ltd) & Others [2008) 2 BLLR 97 (CC) |
| title_full | Public sector employment in the new Constitutional era: Chirwa v Transnet (Ltd) & Others [2008) 2 BLLR 97 (CC) |
| title_fullStr | Public sector employment in the new Constitutional era: Chirwa v Transnet (Ltd) & Others [2008) 2 BLLR 97 (CC) |
| title_full_unstemmed | Public sector employment in the new Constitutional era: Chirwa v Transnet (Ltd) & Others [2008) 2 BLLR 97 (CC) |
| title_short | Public sector employment in the new Constitutional era: Chirwa v Transnet (Ltd) & Others [2008) 2 BLLR 97 (CC) |
| title_sort | public sector employment in the new constitutional era chirwa v transnet ltd amp others 2008 2 bllr 97 cc |
| topic | Labour Law |
| url | http://hdl.handle.net/11427/43138 |
| work_keys_str_mv | AT singleesufinnah publicsectoremploymentinthenewconstitutionalerachirwavtransnetltdampothers20082bllr97cc |