The SCA found that the chairperson of the Gauteng Gambling Board
had resorted to a stratagem of employing power of regulation for an
ulterior purpose. She failed also to consider the confines of the
statutory provisions on which she relied, and did so without due
regard for the consequences on the fiscus and on transparent and
accountable governance. She acted beyond her legal powers and
contrary to the principles of legality. She was the MEC who the
court decided, had "in the responses to the opposition by the
board, appeared indignant and played the victim. She adopted this
attitude while acting in flagrant disregard of constitutional
norms. She attempted to turn turpitude into rectitude".
A special costs order, on the attorney and client scale, was
granted. Unfortunately, it is the taxpayer who ultimately has to
It is time for courts to seriously consider holding officials,
who behave in the high handed manner described above, personally
liable for costs incurred and to ensure that their
"employer" does pay on their behalf. This might be a
deterrent. Regrettably, in the present case, it was not asked for
and therefore not considered.
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Employees must understand the notice periods stipulated by law. When an employee gives notice of their resignation to an employer, they is advising the employer that they will cease to work for the employer from a certain date.
Nigeria is a federal constitutional republic located on the west coast of Africa. Modern Nigeria has its origins as a British colony through the 19th and 20th century until it achieved independence in 1960.
The jurisprudential basis is pithily expressed as staying in sync with the global position on employment relationship, easily summed up as "International Labour Standard" and "International Best Practice".
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