Governance and Administrative Action | The Masetlha Case

When President Thabo Mbeki lost confidence in Billy Masetlha, the person he had appointed to head the National Intelligence Agency, he summarily sacked him. Masetlha claimed that he had a right to a hearing before having his contract terminated. With one exception, the Justices of the Constitutional Court held that his was a political appointment and that neither under general labour law nor under the law governing public administration, was he entitled to a prior hearing. Justice Ngcobo would have found in his favour. Identifying himself with the majority view, Justice Sachs nevertheless underlined the fact that civility was more than just a matter of personal politeness in governmental relationships, it was an important element of democratic functioning.