THE SUPREME COURT OF APPEAL
REPUBLIC OF SOUTH AFRICA
| Public Servants Assoc. V Nat. Comm. of SA Police Services | |
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| Supreme Court of Appeal -573/04 | Hearing date: 1 November 2005 |
| Judgment date: 25 November 2005 | |
Police employment regulations – retention of incumbent of upgraded post in terms of reg 24(6) – despite permissive language of subregulation, Commissioner obliged to retain incumbent if requirements of subregulation met. The order of the Court appears in para [22]. |
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Media Summary
of Judgment |
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From: The Registrar, Supreme Court of Appeal
THE PUBLIC SERVANTS ASSOCIATION v NATIONAL COMMISIONER OF THE SOUTH AFRICAN POLICE SERVICE
Please note that the media summary is intended for the benefit of the media and does not form part of the judgment of the Supreme Court of Appeal. * * * The Supreme Court of Appeal today (25 November 2005) held that an employee in the South African Police Service who is satisfactorily performing the functions of his or her post may not be removed from the post merely because the post is regraded to a higher salary scale. The SCA upheld an appeal by the Public Servants’ Association against a decision of the High Court that held that the employment regulations made under the police Service Act allowed the National Commissioner to re-advertise a post when it was upgraded to attract a higher salary notwithstanding that the incumbent was performing satisfactorily. The SCA said that on a proper interpretation of the regulation, in the light of the unfairness that could result if a satisfactorily-performing employee were to be removed from the post, the National commissioner was obliged to retain the incumbent in the post.
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