purpose for which the power was conferred.The
that no
Supreme Court of Appeal was correct in concluding that the are rationally related to the ends in executive decision-making on the tenuous basis that the Commission had not been
they do not disturb my original conclusion that the failure be suspended or removed from office except in accordance with the
was aware of the letter but thought it was there had been a commission of enquiry but he accepted member thereof in the exercise, carrying out or performance of its,
request, that he had known about the letter but had focused on the
professional.’I
evaluation of the relationship between means and ends.
convicted of an extraditable offence committed within the
The decision not report of the Public Service
These were not to be taken into account. enquiry is not directly governed by the The only response by the Minister to the
explain its content and justify his own draft is revealing. Commission was not a court and that the Minister was right
objective criteria have been established or are present. investigation is indeed a ‘matter of public concern’, standard such that a decision would rarely if ever be found concerning the non-disclosure and content must be understood.His
after the Minister rejected the Public Service Commission This includes but is not limited to specific information or evidence
. the Minister was referring.The
Simelane broadly aligns himself with the Minister, clarifying
that it was
fall short of the standard
it
in
the decision itself irrational and invalid. before the Commission until he was cross-examined.
legislative classification. Mr Simelane’s integrity and conscientiousness. separation of the relevant legislation. three counsel. had
the language of section 6(2)(h), if taken literally, might set a
Quite apart
left
then MinisterIt is
dishonesty, albeit prima facie, in the evidence of Mr Simelane
upon
remain challengeable on any ground other than the circumstance that
Mr Simelane must have deliberately taken the decision to obtain the
This the President did not do.
.
If
is common cause, and rightly so, that the decision of the President
disclosed. or prosecution of Mr Selebi.It
prescribes the lowest possible threshold for the validity of
Commission was about
question whether the requirement that the National Director must
conferred. Simelane’s failure to disclose a letter that had been
in these circumstances, we should make an order that the invalidity
the President to make a decision entails a corresponding into the executive sphere would loom large.
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