Mosingathi v Minister of Defence and Another (2014/49314) [2015] ZAGPPHC 543 (28 July 2015)
- Citation
- [2015] ZAGPPHC 543
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- Wright
- Case number
- 2014/49314
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- Wright
- Case number
- 2014/49314
On this page
Professional case brief
Research organized from the available case record
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 AttorneysMinister of Defence
Respondent Counsel: State AttorneyThe Chief of the South African National Defence Force
Respondent Counsel: State Attorney03
Procedural history
Posture
Urgent Application / Application for Relief and Interdict
04
Questions and positions
Legal issues
- 01
Whether the applicant qualifies for retrospective promotion in the SANDF.
- 02
Whether the investigations and military court proceedings against the applicant should be stopped.
- 03
Whether the applicant has made out a case for the relief sought.
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
Legal principles
- 01
General principles of South African administrative law
An applicant must make out a proper case for the relief sought in the founding papers.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Judgment
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
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