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3.3_Case update by Benita Whitcher.pdf

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– Judicial oversight of disciplinary proceedings while in progress is costly costly, timeconsuming<br />

and disruptive and may also be premature as the EE may not be<br />

dismissed.<br />

– Once the disciplinary inquiry is completed, the procedural fairness of the<br />

inquiry as a whole can be determined, which may show that the purported<br />

procedural defect complained of did not render the inquiry, on the whole,<br />

unfair. f i<br />

Dladla v Council of Mbombela Local Muncipality [2008] 8 BLLR 751 (LC)<br />

– The possible tarnishing of an EE’s reputation or loss of dignity is not the kind<br />

of prejudice that could justify an urgent application to the LC to set aside or<br />

uplift a suspension.

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