Magistrates are not State employees and their remedies are found in public law holds SCA

03 March 2014 514

In The President of RSA v Reinecke (210/13)[2014] ZASCA 3 (28 February 2014), the SCA held that matters relating to the appointment, promotion, transfer and discharge of magistrates, governed by the Magistrates Act, ordinarily find their remedies in public law such as a mandamus, or an interdict or proceedings by way of judicial review, and not in contractual law. The SCA accordingly upheld the appeal and overturned the North Gauteng High Court judgment per Pretorius J, awarding R9,4 million to former magistrate Mr Reinecke for damages based on repudiation of the latter’s contract of employment.

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The President of RSA v Reinecke (21013) [2014] ZASCA 3 (28 February 2014).pdf