## IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN)
Case No. : 15022/2023
In the matter between:
FINANCIAL AND FISCAL COMMISSION
SHAFEEQA DAVIDS
CLAIRE HORTON
Coram
Salie; J
Date of Hearing
8 2024 May
Written Judgment delivered
2024 May
Applicant
First Respondent Second Respondent
Adv.
Adv
- Officer . Constitution.
principle interests
- record
In the result, | make the following order:
- In terms of section 172(1)(a) of the Constitution it is declared that the decision by the Chief Executive Officer on 30 2022 to appoint the first respondent to the post of Research Specialist in the applicant is inconsistent with the principle of legality in the Constitution and invalid; Acting May
- (ii) It terms of section 172(1) (a) of the Constitution it is declared that the decision by the Acting Chief Executive Officer on 25 January 2023 to appoint the second respondent to the of Research Specialist in the applicant is inconsistent with the principle of legality in the Constitution and invalid; post
- (iii) In terms of section 172(1) (b) of the Constitution; and despite the declarations of invalidity in orders (i) and (ii) above, the appointments of the first and second respondents into their posts are not set aside;
- (iv) The costs of this application; including the costs of one junior counsel on