Phike v South African National Defence Force (Defence Special Tribunal DST-J1/00) [2001] ZALC 152; 2002 (3) SA 648 (LC); (2001) 22 ILJ 2298 (LC); [2001] 12 BLLR 1404 (DST) (28 September 2001)

Phike v South African National Defence Force (Defence Special Tribunal DST-J1/00) [2001] ZALC 152; 2002 (3) SA 648 (LC); (2001) 22 ILJ 2298 (LC); [2001] 12 BLLR 1404 (DST) (28 September 2001)

The court held that the applicant, as a member of APLA, became entitled to integration into the SANDF by operation of law following the constitutional amendments. His resignation from the SANDF in 1995 did not preclude his entitlement to reinstatement, as the legal framework provided for the inclusion of APLA members after the 1996 constitutional amendment. The administrative procedures for interim service agreements were found to be subordinate to the statutory provisions governing integration. The applicant was therefore entitled to reinstatement in the SANDF with retrospective effect to the date his interim contract was terminated, but only on the terms and rank set out in the interim...

Citation
[2001] ZALC 152
Parties
Applicant: Khululekile Chris Phike; Respondent: South African National Defence Force
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
28 September 2001
Case Number
DST-J1/00
Procedural Posture
Review Application / Judgment
Outcome
Application granted. The applicant is reinstated in the SANDF retrospectively to 28 February 1998 on the terms and rank set out in the interim agreement. Costs awarded to the applicant.
Judges
A A Landman
Legal Topics
Integration of Non Statutory Forces, Employee Definition, Reinstatement, Transitional Arrangements, Jurisdiction of Labour Court
Labour Law Administrative Law Integration of Non Statutory Forces Employee Definition Reinstatement Transitional Arrangements Jurisdiction of Labour Court

Case Brief

Summary, issues, holding and outcome

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Parties

Khululekile Chris Phike

Applicant

South African National Defence Force

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant was entitled to reintegrate into the South African National Defence Force (SANDF) after resigning following his initial integration.
  2. 2 Whether the Defence Special Tribunal (Labour Court) had jurisdiction over the dispute given the applicant's employment status.
  3. 3 Whether the respondent's late filing of its answer should be condoned.

Ratio Decidendi

The court held that the applicant, as a member of APLA, became entitled to integration into the SANDF by operation of law following the constitutional amendments. His resignation from the SANDF in 1995 did not preclude his entitlement to reinstatement, as the legal framework provided for the inclusion of APLA members after the 1996 constitutional amendment. The administrative procedures for interim service agreements were found to be subordinate to the statutory provisions governing integration. The applicant was therefore entitled to reinstatement in the SANDF with retrospective effect to the date his interim contract was terminated, but only on the terms and rank set out in the interim...

Court Disposition

Application granted. The applicant is reinstated in the SANDF retrospectively to 28 February 1998 on the terms and rank set out in the interim agreement. Costs awarded to the applicant.

Orders

  • The applicant is reinstated in the South African National Defence Force retrospectively to 28 February 1998 on the same terms and conditions and rank set out in the interim agreement.
  • The respondent is ordered to pay the applicant's costs.