Masinga and Others v Chief of the South African National Defence Force and Others (27234/19) [2019] ZAGPPHC 965 (5 December 2019)

Masinga and Others v Chief of the South African National Defence Force and Others (27234/19) [2019] ZAGPPHC 965 (5 December 2019)

The court found that the applicants, as members of the SANDF, are excluded from the Labour Relations Act's expedited dispute resolution mechanisms, placing them at a disadvantage compared to other employees. The suspension of the reinstatement order pending appeal leaves them without employment and income, threatening their livelihood and that of their dependents, and exposing them to the risk of losing homes, vehicles, and other assets. The respondents' claim of irreparable harm was rejected, as they would benefit from the applicants' labour if reinstated and administrative challenges do not amount to irreparable harm. The court held that exceptional circumstances exist due to the...

Citation
[2019] ZAGPPHC 965
Parties
Applicant: William France Masinga; Applicant: Rirhandzu Joy Khosa and 33 Others; Respondent: Chief of the South African National Defence Force; Respondent: Minister of Defence and Military Veterans; Respondent: Surgeon General of the National Defence Force; Respondent: Secretary of Defence
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 December 2019
Case Number
27234/19
Procedural Posture
Urgent Application / Section 18(3) Application Pending Appeal
Outcome
Application in terms of section 18(3) of the Superior Courts Act granted; reinstatement order to be enforced pending appeal.
Judges
A.C. Basson
Legal Topics
Section 18 Application, Irreparable Harm, Exceptional Circumstances, Fair Labour Practices, Reinstatement Pending Appeal
Civil Procedure Labour Law Section 18 Application Irreparable Harm Exceptional Circumstances Fair Labour Practices Reinstatement Pending Appeal

Case Brief

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Parties

William France Masinga

Applicant

Rirhandzu Joy Khosa and 33 Others

Applicant

Chief of the South African National Defence Force

Respondent

Minister of Defence and Military Veterans

Respondent

Surgeon General of the National Defence Force

Respondent

Secretary of Defence

Respondent

Procedural Posture

Urgent Application / Section 18(3) Application Pending Appeal

Legal Issues

  1. 1 Whether the applicants have established irreparable harm if the order is not implemented pending appeal.
  2. 2 Whether the respondents will suffer irreparable harm if the order is implemented.
  3. 3 Whether exceptional circumstances exist justifying enforcement of the order pending appeal.

Ratio Decidendi

The court found that the applicants, as members of the SANDF, are excluded from the Labour Relations Act's expedited dispute resolution mechanisms, placing them at a disadvantage compared to other employees. The suspension of the reinstatement order pending appeal leaves them without employment and income, threatening their livelihood and that of their dependents, and exposing them to the risk of losing homes, vehicles, and other assets. The respondents' claim of irreparable harm was rejected, as they would benefit from the applicants' labour if reinstated and administrative challenges do not amount to irreparable harm. The court held that exceptional circumstances exist due to the...

Court Disposition

Application in terms of section 18(3) of the Superior Courts Act granted; reinstatement order to be enforced pending appeal.

Orders

  • The application in terms of section 18(3) of the Superior Courts Act, 2013 is granted.
  • The respondents are ordered, jointly and severally, the one paying the other to be absolved, to pay the costs of this application.