Public sector employment in the new Constitutional era: Chirwa v Transnet (Ltd) & Others [2008) 2 BLLR 97 (CC)
| dc.contributor.advisor | Le Roux, Rochelle | |
| dc.contributor.author | Singlee, Sufinnah | |
| dc.date.accessioned | 2026-04-28T10:44:17Z | |
| dc.date.available | 2026-04-28T10:44:17Z | |
| dc.date.issued | 2009 | |
| dc.date.updated | 2026-04-28T10:43:04Z | |
| dc.description.abstract | 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. | |
| dc.identifier.apacitation | Singlee, S. (2009). <i>Public sector employment in the new Constitutional era: Chirwa v Transnet (Ltd) & Others [2008) 2 BLLR 97 (CC)</i>. (). University of Cape Town ,Faculty of Law ,Institute of Development and Labour Law. Retrieved from http://hdl.handle.net/11427/43138 | en_ZA |
| dc.identifier.chicagocitation | Singlee, Sufinnah. <i>"Public sector employment in the new Constitutional era: Chirwa v Transnet (Ltd) & Others [2008) 2 BLLR 97 (CC)."</i> ., University of Cape Town ,Faculty of Law ,Institute of Development and Labour Law, 2009. http://hdl.handle.net/11427/43138 | en_ZA |
| dc.identifier.citation | Singlee, S. 2009. Public sector employment in the new Constitutional era: Chirwa v Transnet (Ltd) & Others [2008) 2 BLLR 97 (CC). . University of Cape Town ,Faculty of Law ,Institute of Development and Labour Law. http://hdl.handle.net/11427/43138 | en_ZA |
| dc.identifier.ris | TY - Thesis / Dissertation AU - Singlee, Sufinnah AB - 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. DA - 2009 DB - OpenUCT DP - University of Cape Town KW - Labour Law LK - https://open.uct.ac.za PB - University of Cape Town PY - 2009 T1 - Public sector employment in the new Constitutional era: Chirwa v Transnet (Ltd) & Others [2008) 2 BLLR 97 (CC) TI - Public sector employment in the new Constitutional era: Chirwa v Transnet (Ltd) & Others [2008) 2 BLLR 97 (CC) UR - http://hdl.handle.net/11427/43138 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/43138 | |
| dc.identifier.vancouvercitation | Singlee S. Public sector employment in the new Constitutional era: Chirwa v Transnet (Ltd) & Others [2008) 2 BLLR 97 (CC). []. University of Cape Town ,Faculty of Law ,Institute of Development and Labour Law, 2009 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/43138 | en_ZA |
| dc.language.iso | en | |
| dc.language.rfc3066 | eng | |
| dc.publisher.department | Institute of Development and Labour Law | |
| dc.publisher.faculty | Faculty of Law | |
| dc.publisher.institution | University of Cape Town | |
| dc.subject | Labour Law | |
| dc.title | Public sector employment in the new Constitutional era: Chirwa v Transnet (Ltd) & Others [2008) 2 BLLR 97 (CC) | |
| dc.type | Thesis / Dissertation | |
| dc.type.qualificationlevel | Masters | |
| dc.type.qualificationlevel | LLM |