Makambi v Member of the Executive Council, Department of Education, Eastern Cape Province

The appellant, Ms Nomtha Makambi, was employed as an educator by the Eastern Cape Department of Education from 1997 on what the department regarded as a temporary basis. Although initially appointed on a fixed-term contract, she continued teaching for several years and was later transferred to another school. In August 2004, without prior notice or a placement letter, the department terminated payment of her salary and employment benefits. The appellant alleged that this constituted unlawful administrative action and an unfair labour practice. She approached the High Court urgently, seeking review under the Promotion of Administrative Justice Act 3 of 2000 (PAJA), reinstatement of her emoluments, and a declaration that her employment was permanent.

The appeal was dismissed. The High Court’s order was amended to delete the adverse costs order against the appellant.

The case confirms and applies the principle established in Chirwa v Transnet Ltd that disputes arising from the termination of employment of public-sector employees generally fall within labour law and are not reviewable as administrative action under PAJA. It reinforces the jurisdictional boundary between labour dispute mechanisms and administrative-law review in South African law.