Psa of SA obo Crouse v Minister of Labour (J1511/15) [2015] ZALCJHB 340 (5 October 2015) per AT Myburgh AJ.

The Labour Court set aside the Minister’s decision after finding that:

  • the impugned decision constitutes administrative action and that a PAJA review is thus available to Mr Crouse;  alternatively, the impugned decision constitutes the exercise of a public power and is subject to legality review;
  • in arriving at the impugned decision, the Minister ignored materially relevant facts, namely the ministerial submission of 15/16 July 2015;
  • the consequence of this is that the impugned decision was unreasonable, alternatively irrational; and procedurally unfair; and
  • the impugned decision thus falls to be set aside on review, and Mr Crouse reinstated into the position of the Registrar of Labour Relations.