Quote of the week

Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation.  This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.

KHAMPEPE J and THERON J
Public Protector v South African Reserve Bank (CCT107/18) [2019] ZACC 29 (22 July 2019)
30 March 2007

Are law lecturers thin skinned?

I see that the claim for damages by Mervyn Dendy, who used to be an Associate Professor at Wits Law School, was rejected by the Supreme Court of Appeal. Dendy had applied for promotion to full Professor with some other of his colleagues and was rather aggrieved at not being successful. The SCA upheld exceptions to the claims made by him on the ground that a reasonable person would not have felt humiliated and insulted in the circumstances.

I suspect the claim had more to do with the politics of affirmative action than with a person feeling personally slighted, but I do not know Mr Dendy, so can’t say for sure.

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