Masetlha v President of the Republic of South Africa and Another

Mr Billy Masetlha was appointed by the President as Director-General and head of the National Intelligence Agency for a fixed three-year term. Following the unlawful surveillance of businessman Mr Macozoma by Agency operatives, the Inspector-General of Intelligence investigated and reported that the surveillance was unauthorised and that Mr Masetlha had misled the investigation and failed in oversight. The Minister for Intelligence Services suspended Mr Masetlha, and the President later recorded the suspension in writing. Before litigation over the suspension was finalised, the President unilaterally amended Mr Masetlha’s term of office so that it expired with immediate effect, citing an irreparable breakdown of trust. The President tendered full remuneration and benefits for the remainder of the original term, which Mr Masetlha rejected. Mr Masetlha challenged both the suspension and the amendment of his term, seeking reinstatement.

Leave to appeal was granted, but the appeal was dismissed. The President’s decision to amend the term of office and thereby dismiss Mr Masetlha was upheld as constitutionally valid. No order of reinstatement was made, and the suspension challenge was dismissed as moot.

The case is a leading authority on the scope of presidential executive power in South Africa, particularly concerning national security and intelligence services. It clarifies the distinction between executive action and administrative action, confirms that not all exercises of public power are subject to PAJA, and affirms the centrality of the principle of legality as a constitutional control over executive decisions.