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

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

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.

Citation
[2015] ZAGPPHC 543
Parties
Applicant: Amon Lesego Mosingathi; Respondent: Minister of Defence; Respondent: The Chief of the South African National Defence Force
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 July 2015
Case Number
2014/49314
Procedural Posture
Urgent Application / Application for Relief and Interdict
Outcome
Application dismissed with costs.
Judges
Wright
Legal Topics
Promotion in Public Service, Military Discipline, Interdict, Retrospective Promotion
Administrative Law Promotion in Public Service Military Discipline Interdict Retrospective Promotion

Case Brief

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Parties

Amon Lesego Mosingathi

Applicant

Minister of Defence

Respondent

The Chief of the South African National Defence Force

Respondent

Procedural Posture

Urgent Application / Application for Relief and Interdict

Legal Issues

  1. 1 Whether the applicant qualifies for retrospective promotion in the SANDF.
  2. 2 Whether the investigations and military court proceedings against the applicant should be stopped.
  3. 3 Whether the applicant has made out a case for the relief sought.

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.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.