Click here to read the full judgment on Saflii

nterpretation of the order of the Constitutional Court  – assessment of equitable compensation in a ‘special contract’ – test for reviewability of determination of a Chief Executive Officer (CEO) as a deadlock breaker – test as formulated in Bekker v RSA Factors (Bekker test) distinct from the test for reviewability under the Promotion of Administrative Justice Act 3 of 2000 – requirements to satisfy the Bekker test – high court did not apply the second leg of the Bekker test – order of the high court remitting the determination to the CEO with a list of directives not sought – Bekker test amplified with the caveat in Dublin v Diner – Dean v Prince: reasonableness, fairness and bona fides.