Gallant v Minister of Defence and Military Veterans and Others (63900/2019) [2024] ZAGPPHC 101 (13 February 2024)
After considering the Notice of Application for Leave to Appeal, the judgment delivered, and hearing counsel for the applicant, the court found that leave to appeal to the Full Court of the Gauteng Division should be granted. The costs of the application for leave to appeal will be costs in the appeal. The...
Source-derived case information.
- Citation
- [2024] ZAGPPHC 101
- Parties
- Applicant: Benita Nola Gallant; Respondent: Minister of Defence and Military Veterans; Respondent: Secretary for Defence Force; Respondent: Chief of the South African National Defence Force; Respondent: Chief for the South African Navy; Respondent: Chief Human Resources; Respondent: Adjudant-General: Defence Legal Services Division
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 63900/2019
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment; Heard and Delivered.
- Outcome
- Leave to appeal granted to the Full Court of the Gauteng Division; costs to be costs in the appeal.
- Judges
- Holland-Muter
- Legal Topics
- Leave to Appeal, Costs in the Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benita Nola Gallant
Applicant
Minister of Defence and Military Veterans
Respondent
Secretary for Defence Force
Respondent
Chief of the South African National Defence Force
Respondent
Chief for the South African Navy
Respondent
Chief Human Resources
Respondent
Adjudant-General: Defence Legal Services Division
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment; Heard and Delivered.
Legal Issues
- 1 Whether leave to appeal should be granted to the Full Court of the Gauteng Division.
- 2 Determination of costs for the application for leave to appeal.
Ratio Decidendi
After considering the Notice of Application for Leave to Appeal, the judgment delivered, and hearing counsel for the applicant, the court found that leave to appeal to the Full Court of the Gauteng Division should be granted. The costs of the application for leave to appeal will be costs in the appeal. The respondents were properly notified of the hearing date, but did not appear.
Court Disposition
Leave to appeal granted to the Full Court of the Gauteng Division; costs to be costs in the appeal.
Orders
- Leave to appeal to the Full Court of the Gauteng Division of the High Court of South Africa is granted.
- The costs of the application for leave to appeal will be costs in the appeal.
Full Case Text
Judgment text and source record
45 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
CASE NO: 63900/2019
(1) REPORTABLE: YES / NO
(2) OF INTEREST TO OTHER JUDGES: YES / NO
(3) REVISED:
DATE: 14/2/2024
SIGNATURE
In the matter between:
BENITA NOLA GALLANT
Applicant
and
MINISTER OF DEFENCE AND MILITARY VETERANS First Respondent
SECRETARY FOR DEFENCE FORCE
Second Respondent
CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE
FORCE Third
Respondent
CHIEF FOR THE SOUTH AFRICAN NAVY
Fourth Respondent
CHIEF HUMAN RESOURCES
Fifth Respondent
ADJUDANT-GENERAL: DEFENCE LEGAL
SERVICES DIVISION
Sixth Respondent
JUDGMENT: APPLICATION FOR LEAVE TO APPEAL
(The application for leave to appeal was heard in open court but judgment was delivered by uploading the judgment onto the electronic file of the matter on CaseLines. The matter if forwarded to the representatives of the parties by uploading it onto CaseLines and the date of the judgment is deemed to be the date of uploading thereof onto CaseLines).
Before: HOLLAND-MUTER J (On 13 February 2024)
[1] Having being furnished with the Notice of Application for Leave to Appeal, perusing the delivered judgment and after hearing counsel on behalf of the applicant, leave to appeal to the Full Court of the Gauteng Division of the High Court of South Africa is granted. The costs of the application for leave to appeal will be costs in the appeal.
[2] The Notice of Set Down for today was served on the Office of the State Attorney on 25 January 2024.
Date at Pretoria on this 13th day of February 2024.
HOLLAND-MUTER J
Judge of the Pretoria High Court
Heard on 13 February 2024
Delivered on 13 February 2024
Appearances:
On behalf of the Applicant:
Adv G van der Westhuizen
Attorney obo Applicant
GRIESEL VAN ZANTEN INC
heidi@gvzinc.co.za
On behalf of the Respondent:
No appearance on 13 February 2024
Notice of Set Down served on the Office of the State Attorney on 25 January 2024