Introduction

[1] This is an urgent application, which was launched on 31 March 2015, for the following relief:

1.1 declaring that the second respondent has no authority to institute disciplinary measures against the second applicant when the latter acted As Head of Department.

1.2 Interdicting and restraining the respondents from proceeding with disciplinary action currently in motion against the second applicant.

1.3 Ordering and directing the respondents to uplift the second applicant’s suspension.

1.4 Ordering the respondent pay the costs of the application.

It was contested that both the suspension and the disciplinary proceedings were unlawful. On 31 March 2015, the original application was postponed by agreement to admit the filing of answering and replying affidavits, and heads of argument. It was also agreed that the pending disciplinary proceedings be stayed pending the final determination of the matter.

[2] The applicant, Mr E J Crouch (‘Crouch’) is employed as a director of corporate services in the Department of Transport, Safety and Liaison: Northern Cape. The second respondent is Mr S Jonkers, the Head of Department for Transport Safety and Liaison: Northern Cape (‘Jonkers’). The first respondent is Ms M Bartlett, the current MEC Department for Transport Safety and Liaison: Northern Cape (‘Bartlett’). Her predecessor was Mr P Mabilo (‘Mabilo’).