Reply To: CAN PERSONS SUE THE DEPARTMENT OF EMPLOYMENT AND LABOUR?

Home Forums Labour Law Debate CAN PERSONS SUE THE DEPARTMENT OF EMPLOYMENT AND LABOUR? Reply To: CAN PERSONS SUE THE DEPARTMENT OF EMPLOYMENT AND LABOUR?

#11725
Ingrid Lewin
Keymaster

Section 61 of the Disaster Management Act (under which the various relief schemes have been establiushed) provides an indemnity. I quote it below:

Section 61 of the Disaster Management Act (under which the various relief schemes have been establiushed) provides an indemnity. I quote it below:

61. The Minister, the National Centre, a provincial or municipal disaster management centre, an employee seconded or designated for the purpose of the National Centre or a provincial or municipal disaster management centre, a representative of the National Centre or a provincial or municipal disaster management centre, or any other person exercising a power or performing a duty in terms of this Act, is not liable for anything done in good faith in terms of, or in furthering the objects of, this Act.

So, if one wishes to sue one would have to prove that the failure to provide the relief in terms of the Act was due to bad faith rather than incompetence.

Ingrid Lewin