Mahlangu and Another v Minister of Defence and Military Veterans and Another (31824/2017) [2018] ZAGPPHC 526; [2018] 4 All SA 402 (GP) (1 June 2018)

Mahlangu and Another v Minister of Defence and Military Veterans and Another (31824/2017) [2018] ZAGPPHC 526; [2018] 4 All SA 402 (GP) (1 June 2018)

The court held that the applicants' appointments as officers commanding in the reserve force were not unlawfully terminated, as their membership continued for the contracted period and actual service was subject to rotational call-ups based on operational needs. The respondents' actions did not amount to termination of appointment but rather the expiry of a specific call-up period. Furthermore, the court found that the applicants had not exhausted internal remedies as required by section 7(2) of PAJA. The second applicant's complaint to the military ombud was still pending, and the first applicant had not pursued any internal remedy. The statutory and regulatory framework governing the...

Citation
[2018] ZAGPPHC 526
Parties
Applicant: Mahlangu, Khohliwe Elijah; Applicant: Bushula, Arnold Nelisile; Respondent: Minister of Defence and Military Veterans; Respondent: General Officer Commanding, SA Army Engineer Formation
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 June 2018
Case Number
31824/2017
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed for failure to exhaust internal remedies.
Judges
Dodson AJ
Legal Topics
Promotion of Administrative Justice Act, Termination of Appointment, Internal Remedies, Military Ombud, Defence Act, Judicial Review
Administrative Law Civil Procedure Promotion of Administrative Justice Act Termination of Appointment Internal Remedies Military Ombud Defence Act Judicial Review

Case Brief

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Parties

Mahlangu, Khohliwe Elijah

Applicant

Bushula, Arnold Nelisile

Applicant

Minister of Defence and Military Veterans

Respondent

General Officer Commanding, SA Army Engineer Formation

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the termination of the applicants' appointments as officers commanding in the reserve force was lawful and reviewable under PAJA and the principle of legality.
  2. 2 Whether the applicants exhausted internal remedies before approaching the court for judicial review.
  3. 3 Whether the applicable regulations were correctly applied to the applicants' appointments and call-ups.

Ratio Decidendi

The court held that the applicants' appointments as officers commanding in the reserve force were not unlawfully terminated, as their membership continued for the contracted period and actual service was subject to rotational call-ups based on operational needs. The respondents' actions did not amount to termination of appointment but rather the expiry of a specific call-up period. Furthermore, the court found that the applicants had not exhausted internal remedies as required by section 7(2) of PAJA. The second applicant's complaint to the military ombud was still pending, and the first applicant had not pursued any internal remedy. The statutory and regulatory framework governing the...

Court Disposition

Application dismissed for failure to exhaust internal remedies.

Orders

  • The application for review and reinstatement is dismissed.
  • No order as to costs.