Masetlha v President
South African legal case / From Wikipedia, the free encyclopedia
Masetlha v President of the Republic of South Africa and Another is an important decision in the Constitutional Court of South Africa which held that procedural fairness was not a ground for the review of executive action. Upholding President Thabo Mbeki's decision to dismiss Billy Masetlha as the head of the National Intelligence Agency, a majority of the court held that, unlike legality and rationality, procedural fairness was not a requirement for the lawful exercise of the President's powers of appointment and dismissal, the exercise of which constituted executive rather than administrative action. The matter was heard on 10 May 2007 and decided on 3 October 2007, with Deputy Chief Justice Dikgang Moseneke writing for the majority.
Quick Facts Masetlha v President, Court ...
Masetlha v President | |
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Court | Constitutional Court of South Africa |
Full case name | Masetlha v President of the Republic of South Africa and Another |
Decided | 3 October 2007 (2007-10-03) |
Docket nos. | CCT 01/07 |
Citation(s) | [2007] ZACC 20; 2008 (1) SA 566 (CC); 2008 (1) BCLR 1 |
Case history | |
Prior action(s) | Masetlha v President of the Republic of South Africa and Another [2006] ZAGPHC 107; (2007) 28 ILJ 1013 (T) in the High Court of South Africa, Transvaal Provincial Division |
Related action(s) | Independent Newspapers v Minister for Intelligence Services [2008] ZACC 6; 2008 (5) SA 31 (CC); 2008 (8) BCLR 771 (CC) |
Court membership | |
Judges sitting | Langa CJ, Moseneke DCJ, Skweyiya J, Sachs J, Ngcobo J, Madala J, O'Regan J, Nkabinde J, van der Westhuizen J and Navsa AJ |
Case opinions | |
The presidential power to appoint and dismiss the head of the National Intelligence Agency is an executive power. The exercise of such power does not constitute administrative action and is not subject to review on the grounds of procedural fairness. | |
Decision by | Moseneke DCJ (Langa CJ, Nkabinde J, O’ Regan J, Skweyiya J, van der Westhuizen J and Navsa AJ concurring) |
Concur/dissent | Sachs J |
Dissent | Ngcobo J (Madala J concurring) |
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