Bezuidenhout and Another v Minister of Basic Education and Others

The plaintiffs, qualified and HPCSA-registered Educational Psychologists, were employed by the Gauteng Department of Education after applying for posts advertised as 'Therapists' in the Department’s vacancy circular. Although the advertisement required registration as an Educational Psychologist and the plaintiffs in practice performed the duties of Educational Psychologists, their contracts reflected appointment as Therapists. They sought rectification of their contracts to reflect appointment as Educational Psychologists. Their main claim was dismissed on 19 November 2024. This judgment concerns their application for leave to appeal against that dismissal.

Leave to appeal was refused. No order as to costs was made.

The case reaffirms the strict requirements for rectification of employment contracts in South African law, particularly the necessity of proving a common intention at the time of contracting. It also underscores the high threshold for granting leave to appeal under section 17(1)(a) of the Superior Courts Act and clarifies that performing higher-level duties does not, without more, alter the contractual nature of a public sector appointment.