Abstract
The President and Premiers in South Africa appoint and dismiss Senior Members of the Executive on a national and provincial level such as Ministers, Deputy Ministers and Members of Executive. This is a constitutional prerogative that the President and Premiers hold. Therefore the Senior Members of the Executive are vulnerable in a sense that they could be without a job tomorrow as it is the President’s and Premiers’ prerogative to appoint and dismiss them as they deem fit. Therefore typically these Senior Members of the Executive do not necessarily enjoy any protection against unfair dismissals in the Labour Relations Act 66 of 1995. The President and Premiers’ decisions in this regard are an executive and constitutional function and therefore these decisions are not subject to judicial review under the Promotion of Administration Justice Act 3 of 2000. However at common law we have the doctrine of legality, which implies that executive decisions must be rational, otherwise those decisions are subject to judicial review. Therefore the decisions of the President and Premiers to appoint and dismiss these Senior Members of the Executive must not be arbitrary. In essence, this dissertation aims to highlight and investigate the vulnerability of Senior Members of the Executive, as they do not afford any protection against unfair dismissals under the Labour Relations Act. This dissertation will also weigh up two conflicting constitutional rights. Furthermore this dissertation will provide recommendations on how to solve the issue of Senior Members of the Executive being vulnerable to dismissal without recourse.
LL.M. (Commercial Law)