Chapter Nine commissioners are not workers, high court rules
Judge says public office bearers cannot claim employee-style benefits unless provided for in law
The Johannesburg High Court has ruled that public office bearers in Chapter Nine institutions are not entitled to benefits beyond what is specified in relevant statutes, according to a judgment by Judge Stuart Wilson. The case centered around the leave entitlement of gender equality commissioner Mbuyiselo Albert Botha, who claimed payment for 67 accumulated days of leave at a rate of R3,700 per day.
The court acknowledged that public office bearers have a right to fair labor practices, but questioned their eligibility to join trade unions, strike, or bargain collectively for improved pay and conditions. The court emphasized that holding public office is an act of service, and commissioners are not employees who can bypass statutes by contracting for leave benefits with the commission. The court further declared that gender commissioners cannot lawfully accumulate leave.
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