Ex-PS loses case with costs

Justice Moses Chinhengo stated that Opelo Makhandlela's forced retirement was lawful and as such he was not entitled to be reinstated or awarded any compensation.  "He is not entitled to any of the reliefs he has sought.

Neither an order of reinstatement nor payment of salary for the years he would have served up to the normal retirement age," said Chinhengo. Makhandlela was compulsorily retired in April 2010 by the Permanent Secretary to the President (PSP) Eric Molale. He went to court this year seeking an order to review and set aside the decision because it was unlawful, unreasonable and capricious. He stated that his retirement at the age of 52 was totally not in the interest of the public. He wanted to be reinstated to the position he held before retirement and to be paid such salary and benefits he would have earned had he not been retired.