The court considered an application for declaratory relief and delictual damages arising from the respondent’s decision not to appoint the applicant permanently under Expanded Public Works Programme contracts. The judgment says the application was fundamentally defective, better suited to action proceedings, and that no case was made out on the papers. The application was dismissed, with no order as to costs.
This may be relevant to public sector employment disputes and applications for declaratory or damages relief in the Western Cape High Court.
Evidence from source
Summary: Application seeking declaratory relief and delictual damages – application fundamentally defective – better suited to action proceedings no case made out for relief sought - application dismissed
Supports: plain summary: the application was defective, suited to action proceedings, and dismissed
The applicant seeks damages of more than R17 million from the respondent, arising from the latter’s failure permanently to employ him under what as known as the Expanded Public Works Programme contracts.
Supports: plain summary: the dispute concerns non-appointment under Expanded Public Works Programme contracts and damages sought
The application is dismissed. 2. There is no order as to costs.
Supports: plain summary: the order dismisses the application and makes no costs order