Fouche v Minister of Defence and Others (75349/2015) [2017] ZAGPPHC 1148 (5 August 2017)

Fouche v Minister of Defence and Others (75349/2015) [2017] ZAGPPHC 1148 (5 August 2017)

The court found that the applicant's delay of more than four years in instituting review proceedings was unreasonable and no condonation was sought. The applicant was aware of the transfer decision and the appointment of her replacement since 2011, yet failed to take timely action. The relief sought for reinstatement was impossible to grant as the post was occupied by another, and the application was further defective due to non-joinder of the incumbent. The applicant's benefits were not affected by the transfer, and she conceded this in her replying affidavit. Accordingly, the application was dismissed with costs.

Citation
[2017] ZAGPPHC 1148
Parties
Applicant: D E Fouche; Respondent: The Minister of Defence; Respondent: The Secretary for Defence; Respondent: The Chief of the South African National Defence Force; Respondent: Brigadier General S D Molefe N.O.; Respondent: Brigadier General RE Mercuur N.O.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 August 2017
Case Number
75349/2015
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Baqwa
Legal Topics
Promotion of Administrative Justice Act, Unreasonable Delay, Judicial Review, Condonation, Non Joinder
Administrative Law Civil Procedure Promotion of Administrative Justice Act Unreasonable Delay Judicial Review Condonation Non Joinder

Case Brief

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Parties

D E Fouche

Applicant

The Minister of Defence

Respondent

The Secretary for Defence

Respondent

The Chief of the South African National Defence Force

Respondent

Brigadier General S D Molefe N.O.

Respondent

Brigadier General RE Mercuur N.O.

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant's delay in bringing the review application is unreasonable and bars relief.
  2. 2 Whether the applicant is entitled to reinstatement to her previous post in the Defence Reserves.
  3. 3 Whether the applicant is entitled to payment of benefits associated with her previous position.

Ratio Decidendi

The court found that the applicant's delay of more than four years in instituting review proceedings was unreasonable and no condonation was sought. The applicant was aware of the transfer decision and the appointment of her replacement since 2011, yet failed to take timely action. The relief sought for reinstatement was impossible to grant as the post was occupied by another, and the application was further defective due to non-joinder of the incumbent. The applicant's benefits were not affected by the transfer, and she conceded this in her replying affidavit. Accordingly, the application was dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.