Ebrahim Patel loses bid to appeal court ruling on appointment of National Lotteries Commission chair | Citypress

On May 7, Patel’s contentious decision to appoint Zandile Brown, his representative on the board, as interim chairperson was reviewed and set aside after the remaining board members challenged the decision because Patel was exercising powers that he did not have in terms of the law.

But the court disagreed, once again blaming him for the delay that led to the position of board chairperson continuing to be vacant after he had bypassed Parliament and instead presented it with a shortlist of candidates that did not go through the normal selection process conducted by the portfolio committee on trade and industry.

“Counsel for the minister, in well-researched and articulate argument, had to concede that it must be accepted that any implied power cannot be greater than the express power provided in the statute. Similarly, it must therefore follow that where the express powers are limited or circumscribed, any implied powers will be similarly limited.”

However, such a submission would not be correct because “there was no prior invitation for nominees for the acting position, there was no prior parliamentary oversight or involvement, nor were any recommendations made, and the appointment was limited by the minister to the board member designated by him”.

It is of substantial importance that a minister obtains certainty about whether he or she has the implied powers to appoint an acting chairperson or not”Patel had argued that “it is of substantial importance that a minister obtains certainty about whether he or she has the implied powers to appoint an acting chairperson or not”.

ANYTHING WHERE PATEL IS INVOLVED IS A DISASTER. HE IS NOT FIT FOR PUBLIC OFFICE.

I hope there was a personal cost order

This is one USELESS GIFT OF THE GAB MINISTER...mxm! Worthless to the pits! wish i could tag him so he knows

That is my judgment.

No favours.

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Source: mailandguardian - 🏆 2. / 92 Read more »