Simelani v Minister of Defence and Others (62987/17) [2018] ZAGPPHC 407 (10 May 2018)

Simelani v Minister of Defence and Others (62987/17) [2018] ZAGPPHC 407 (10 May 2018)

The court found that the application for leave to appeal did not revive the lapsed interim interdict granted by Seriti J. Previous judgments by Hartzenberg J and Msimeki J had already decided that the interim interdict was not restored by the noting of an appeal. The litigation in this matter involved the same...

Source-derived case information.

Citation
[2018] ZAGPPHC 407
Parties
Applicant: Bhekumndeni Qedusizi Penuel Simelani; Respondent: Minister of Defence; Respondent: Secretary for Defence; Respondent: Chief of the South African National Defence Force; Respondent: Public Service Commission (PSC); Respondent: Government Employees Pension Fund (GEPF)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 May 2018
Case Number
62987/17
Procedural Posture
Civil Application / Special Pleas of Res Judicata and Lis Pendens; Application for Enforcement of Interim Interdict
Outcome
Special pleas of res judicata and lis pendens upheld; application dismissed in respect of certain prayers; other prayers postponed sine die.
Judges
Strijdom
Legal Topics
Res Judicata, Lis Pendens, Interim Interdicts, Defence Act, Employment Termination
Civil Procedure Administrative Law Res Judicata Lis Pendens Interim Interdicts Defence Act Employment Termination

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Parties

Bhekumndeni Qedusizi Penuel Simelani

Applicant

Minister of Defence

Respondent

Secretary for Defence

Respondent

Chief of the South African National Defence Force

Respondent

Public Service Commission (PSC)

Respondent

Government Employees Pension Fund (GEPF)

Respondent

Procedural Posture

Civil Application / Special Pleas of Res Judicata and Lis Pendens; Application for Enforcement of Interim Interdict

Legal Issues

  1. 1 Whether the application for leave to appeal revived the lapsed interim interdict granted by Seriti J.
  2. 2 Whether the applicant is entitled to reinstatement based on the interim interdict.
  3. 3 Whether the special pleas of res judicata and lis pendens are applicable to the prayers sought by the applicant.

Ratio Decidendi

The court found that the application for leave to appeal did not revive the lapsed interim interdict granted by Seriti J. Previous judgments by Hartzenberg J and Msimeki J had already decided that the interim interdict was not restored by the noting of an appeal. The litigation in this matter involved the same parties, the same cause of action, and the same relief as previous applications, thus the special plea of res judicata was upheld in respect of prayers 2, 3, 4, 5, and 6. The plea of lis pendens was upheld in respect of prayers 5, 8.5, and 12, as similar relief was sought in pending cases. The application in respect of other prayers was postponed sine die. The applicant's attempt to...

Court Disposition

Special pleas of res judicata and lis pendens upheld; application dismissed in respect of certain prayers; other prayers postponed sine die.

Orders

  • The special plea of res judicata in relation to prayers 2, 3, 4, 5, and 6 is upheld with costs, including the costs of two counsels.
  • The special plea of lis pendens in relation to prayers 5, 8.5, and 12 is upheld with costs, including the costs of two counsels.