1. During June 2006 the Department of Health, Eastern Cape Province (‘the Department’), placed an advertisement in the Sunday Times newspaper inviting applications for the ‘3 year contract post’ of Chief Director: Infrastructure Development at its head office, Bhisho. In response to this advertisement the applicant submitted an application on a prescribed form.

2. The applicant, who was short listed with another applicant, was interviewed by a panel constituted by the Department and emerged as the successful candidate. The Director General of the Department conveyed this to the applicant in a letter dated 20 December 2006, which referred to ‘APPOINTMENT IN POST OF CHIEF DIRECTOR : INFRASTRUCTURE DEVELOPMENT IN HEAD OFFICE (3 YEAR CONTRACT POST)’ and informed him, inter alia, that ‘this offer is subject to you assuming duties on 01 January 2007’. Attached to the letter was a document bearing the heading ‘DEPARTMENT OF HEALTH FIXED EMPLOYMENT CONTRACT AGREEMENT’ that set out the terms and duration of the applicant’s employment and which he was required to sign and submit within fourteen days of assuming duty.