The Court of Appeal has overturned a High Court decision in the case of Teboho Liau, a former Assistant Director in the Ministry of Defence, who was dismissed in June 2022 following disciplinary proceedings for alleged misconduct.
The appeal was heard by Acting Justice of Appeal J Van Der Westhuizen, President of the Court of Appeal, Kananelo Mosito, and Acting Justice of Appeal PT Damaseb.
The court ruled that High Court judge ‘MaliepolloMakhetha had misdirected herself by dismissing the condonation application on the basis that Liau had filled the same application before another court, which dismissed it. Thus, the High Court found that the matter was res judicata whereas the two applications were based on totally different grounds.
The Appeal Court also ruled that the lower court had erred and misdirected itself by failing to apply its mind to the prospect of success.
The High Court had dismissed Liau’s application and ordered him to pay the costs.
