The ConstitutionalCourt has dismissed an application by the SA Council for Educators (SACE) for leave to appeal against a high court judgment that set aside its decision to refer a complaint for a hearing.
The Constitutional Court has ordered the South Africa Council of Educators to pay costs in the matter.The Constitutional Court has dismissed an application by the SA Council for Educators for leave to appeal against a high court judgment that set aside its decision to refer a complaint for a hearing.
Scheepers successfully challenged the governing body’s decision in the high court and the Supreme Court of Appeal , which held that the governing body acted beyond its statutory authority. The department then invited him to make submissions why “necessary measures should not be considered” against him.
Judge Phillip Loubser and acting judge Collin Nekosie agreed, stating “it is manifestly clear that the council did not embark upon an independent investigation” and that “it merely took notice of the report of the independent task team and the recommendations contained therein”. In a unanimous judgment on Wednesday, the Constitutional Court stated that it will grant leave to appeal only if it is in the interests of justice to do so.
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