Mahlangu and Another v Minister of Defence and Military Veterans and Another (54573/18) [2019] ZAGPPHC 418 (5 September 2019)

Mahlangu and Another v Minister of Defence and Military Veterans and Another (54573/18) [2019] ZAGPPHC 418 (5 September 2019)

The court found that the applicants misconstrued the nature of their Reserve Force contracts, which do not entitle them to continuous remuneration for the entire five-year period. Remuneration is only payable for actual service performed during periods of call-up, as determined by the Defence Act and its regulations. The legal position regarding call-up and remuneration is clear and unambiguous. The applicants failed to establish an existing, future or contingent right to payment for periods of non-deployment and do not have a direct and substantial interest in the subject matter for which the declarator is sought. The application was also premature due to non-exhaustion of internal...

Citation
[2019] ZAGPPHC 418
Parties
Applicant: Mahlangu, Khohliwe Elijah; Applicant: Bushula, Arnold Nelisile; Respondent: Minister of Defence and Military Veterans; Respondent: Chief Director: Liaison & Stakeholder Management (Ministry of Defence)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 September 2019
Case Number
54573/18
Procedural Posture
Urgent Application / Application for Declaratory Relief and Ancillary Orders
Outcome
Application dismissed with costs.
Judges
Van der Westhuizen
Legal Topics
Declaratory Relief, Exhaustion of Internal Remedies, Reserve Force Employment, Remuneration Entitlement
Civil Procedure Administrative Law Declaratory Relief Exhaustion of Internal Remedies Reserve Force Employment Remuneration Entitlement

Case Brief

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Parties

Mahlangu, Khohliwe Elijah

Applicant

Bushula, Arnold Nelisile

Applicant

Minister of Defence and Military Veterans

Respondent

Chief Director: Liaison & Stakeholder Management (Ministry of Defence)

Respondent

Procedural Posture

Urgent Application / Application for Declaratory Relief and Ancillary Orders

Legal Issues

  1. 1 Whether the applicants are entitled to Reserve Force wages for periods when they were not called up.
  2. 2 Whether the applicants have an existing, future or contingent right to remuneration for periods of non-deployment.
  3. 3 Whether the internal grievance procedures under the Defence Act must be exhausted before approaching the court for relief.

Ratio Decidendi

The court found that the applicants misconstrued the nature of their Reserve Force contracts, which do not entitle them to continuous remuneration for the entire five-year period. Remuneration is only payable for actual service performed during periods of call-up, as determined by the Defence Act and its regulations. The legal position regarding call-up and remuneration is clear and unambiguous. The applicants failed to establish an existing, future or contingent right to payment for periods of non-deployment and do not have a direct and substantial interest in the subject matter for which the declarator is sought. The application was also premature due to non-exhaustion of internal...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicants are directed to pay the costs.