Khanyile and Others v President of the Republic of South Africa and Others (44658/2012) [2025] ZAGPPHC 484 (29 April 2025)

Khanyile and Others v President of the Republic of South Africa and Others (44658/2012) [2025] ZAGPPHC 484 (29 April 2025)

The applicants failed to establish that Inkatha Freedom Party submitted certified personnel lists as required by section 224 of the Interim Constitution, which was a prerequisite for integration into the SANDF. The list submitted in 1996 was not part of the constitutional process but a separate political arrangement. There is no evidence that the applicants were included in the 1996 list. Even if they were entitled to integration, the Termination of Integration Intake Act, 44 of 2001, imposed a final deadline of 31 March 2002, which the applicants missed. The exclusion of the KSPF members from integration is not unconstitutional, and their claims have expired. The application does not...

Citation
[2025] ZAGPPHC 484
Parties
Applicant: Zodwa Mavis Khanyile; Applicant: Hlengiwe Mkhize; Applicant: Anna Ntshangase; Applicant: Mcupheni Wiseman Mdakane; Applicant: Others (Fifth to 9000th Applicants); Respondent: President of the Republic of South Africa; Respondent: Chairperson of the Portfolio Committee on Defence; Respondent: Minister of Defence and Military Veterans; Respondent: Chief of the South African National Defence Force; Respondent: Secretary for Defence; Respondent: Director-General Department Military Veterans
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 April 2025
Case Number
44658/2012
Procedural Posture
Constitutional Application / Final Judgment After Opposed Motion
Outcome
Application dismissed.
Judges
Swanepoel
Legal Topics
Integration of Armed Forces, Constitutional Entitlement, Termination of Integration Intake Act, Military Veterans Benefits
Constitutional Law Civil Procedure Integration of Armed Forces Constitutional Entitlement Termination of Integration Intake Act Military Veterans Benefits

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Zodwa Mavis Khanyile

Applicant

Hlengiwe Mkhize

Applicant

Anna Ntshangase

Applicant

Mcupheni Wiseman Mdakane

Applicant

Others (Fifth to 9000th Applicants)

Applicant

President of the Republic of South Africa

Respondent

Chairperson of the Portfolio Committee on Defence

Respondent

Minister of Defence and Military Veterans

Respondent

Chief of the South African National Defence Force

Respondent

Secretary for Defence

Respondent

Director-General Department Military Veterans

Respondent

Procedural Posture

Constitutional Application / Final Judgment After Opposed Motion

Legal Issues

  1. 1 Whether exclusion of Kwa-Zulu Self Protection Force (KSPF) members from integration into the SANDF was unconstitutional.
  2. 2 Whether the Termination of Integration Intake Act, 44 of 2001, precludes integration of KSPF members after 31 March 2002.
  3. 3 Whether the applicants' claims are prescribed under the Prescription Act, 68 of 1969.

Ratio Decidendi

The applicants failed to establish that Inkatha Freedom Party submitted certified personnel lists as required by section 224 of the Interim Constitution, which was a prerequisite for integration into the SANDF. The list submitted in 1996 was not part of the constitutional process but a separate political arrangement. There is no evidence that the applicants were included in the 1996 list. Even if they were entitled to integration, the Termination of Integration Intake Act, 44 of 2001, imposed a final deadline of 31 March 2002, which the applicants missed. The exclusion of the KSPF members from integration is not unconstitutional, and their claims have expired. The application does not...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • No order as to costs.