By Michael Dafel and Duncan Wild on 23 October 2013.

This matter stems from a decision by the NPA to invoke section 17(5)(a)(i) of the Public Service Act 103 of 1994 (Act) to discharge the employment services of Mr Grootboom.  In the Constitutional Court, Mr Grootboom seeks an order for that decision to be set aside.

The Constitutional Court, in a judgment authored by Bosielo AJ, in which Moseneke DCJ, Froneman J, Jafta J, Khampepe, J, Mhlantla AJ, Nkabinde J and Skweyiya J concurred) found that the decison to to discharge the services of Mr Grootboom should be set aside, as the requirements of section 17(5)(a)(i) had not been met.  In addition, the Majority found that the NPA’s late filing of answering affidavits and written submissions could not be condoned as there was no proper explanation for the delay.

Justice Zondo wrote an opinion in which he agreed with the order granted by Bosielo AJ, but thought that the late filing of affidavits and written submissions to the court should be condoned.  Continue reading →