On 27 July 2023, the Honourable Justice Noncembu, in the High Court of South Africa (Eastern Cape Division, Makhanda), declared the decision by the Eastern Cape Provincial Government to appoint Alexander Forbes as the Health Risk Manager to the respective Eastern Cape Government Departments, for the period 1 January 2022 to 31 December 2024, as unlawful and invalid, and accordingly set the appointment aside in terms of Section 172(1)(a) of the Constitution.
The declaration of invalidity is suspended until the High Court rules on what constitutes just and equitable relief in terms of Section 172(1)(b) of the Constitution.
The affected parties have been given 25 days to arrive at an agreement as to what would constitute just and equitable relief in terms of Section 172(1)(b) of the Constitution.
Failure by the affected parties to arrive at a suitable and proper agreement in this regard within the 25 days, will result in the matter being referred back to the High Court for it to rule on what constitutes just and equitable relief in terms of Section 172(1)(b) of the Constitution.
Order of Court dated 27 July 2023
published by Soma Initiative (Pty) Ltd – 31 July 2023
