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South Africa Judgment

North Gauteng High Court, Pretoria

Mosingathi v Minister of Defence and Another (2014/49314) [2015] ZAGPPHC 543 (28 July 2015)

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Source document

01

Holding and result

The applicant failed to specify the rank or post to which he sought promotion and did not establish that he met the criteria for such promotion. Furthermore, he is subject to ongoing military court proceedings, and there is no legal basis to order the cessation of those investigations. The applicant did not make out a case for any of the relief sought in his application. Accordingly, the application must be dismissed.

Court disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.

02

Material facts

Parties

Amon Lesego Mosingathi

Applicant Counsel: Mkanzi Attorneys

Minister of Defence

Respondent Counsel: State Attorney

The Chief of the South African National Defence Force

Respondent Counsel: State Attorney

03

Procedural history

  1. Posture

    Urgent Application / Application for Relief and Interdict

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant, a major in the SANDF, seeks retrospective promotion to an unspecified rank or post and requests that all investigations against him be stopped, along with related relief. He contends that he is entitled to such promotion and protection from disciplinary proceedings.
Respondent
The respondents argue that the applicant does not qualify for promotion and is currently the subject of a military court case. They submit that the applicant has failed to establish any basis for the relief sought and that the application is without merit.

05

Court’s reasoning

  1. 01

    General principles of South African administrative law

    An applicant must make out a proper case for the relief sought in the founding papers.

  2. 02

    Defence Act, 42 of 2002

    Promotion in the public service, including the SANDF, is subject to prescribed criteria and procedures.

06

Ratio, limits and disposition

Ratio decidendi

The applicant failed to specify the rank or post to which he sought promotion and did not establish that he met the criteria for such promotion. Furthermore, he is subject to ongoing military court proceedings, and there is no legal basis to order the cessation of those investigations. The applicant did not make out a case for any of the relief sought in his application. Accordingly, the application must be dismissed.

Obiter and limits

  • Applicants seeking relief in administrative matters must clearly set out the basis for their claims and specify the relief sought.
  • Military disciplinary proceedings are governed by their own procedures and cannot be summarily halted without proper grounds.

Court disposition

Application dismissed with costs.

  • The application is dismissed with costs.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment reading view

Judgment text

The complete available source text.

Source document

North Gauteng High Court, Pretoria

Judgment

[2015] ZAGPPHC 543

REPUBLIC OF SOUTH

AFRICA

IN THE HIGH COURT OF SOUTH AFRICA,

GAUTENG DIVISION,

PRETORIA

CASE NO: 2014/49314

DATE: 28 JULY 2015

In the matter between:

AMON LESEGO MOSINGATHI.....................................................................................APPLICANT

And

MINISTER OF DEFENCE....................................................................................1ST

RESPONDENT

THE CHIEF OF THE SOUTH AFRICAN

NATIONAL

DEFENCE FORCE................................................................................................2ND

RESPONDENT

J U D G M E N T

WRIGHT J

1. The applicant is major in the SANDF. He seeks various prayers in this application. He seeks retrospective promotion. To what rank or post he does not specify. He seeks an order that all investigations against him be stopped. He seeks related relief. The answering affidavit shows that the applicant does not qualify for promotion. It also shows that the applicant is the subject of a military court case. The applicant has not begun to make out a case.

Order

1. The application is dismissed with costs.

GC WRIGHT J

JUDGE OF THE HIGH COURT,

On behalf of the Applicant:

Instructed by: Mkanzi Attorneys

012 771 8728

On behalf of the Respondent:

Instructed by: State Attorney

012 309 1540

Date of Hearing: 28 July 2015

Date of Judgment: 28 July 2015

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Defence Act, 42 of 2002

Legislation

Legislation referenced in the available case record.

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