Sullivan and Others v Minister of Defence and Military Veterans and Others (37166/2023) [2024] ZAGPPHC 197 (29 February 2024)

Sullivan and Others v Minister of Defence and Military Veterans and Others (37166/2023) [2024] ZAGPPHC 197 (29 February 2024)

The court found that the applicants had established a clear right to the relief sought, as the SANDF's discontinuance of the technical allowances was not shown to have complied with section 55(3) of the Defence Act, specifically the requirement for approval by the Minister of Finance. The respondents failed to answer this challenge, and the court was required to accept the applicants' allegations as true. The applicants faced severe financial harm, had no satisfactory alternative remedy, and the balance of convenience favoured them, as the impact on the SANDF would be negligible compared to the applicants' hardship. The relief granted was of limited duration, pending the finalisation of...

Citation
[2024] ZAGPPHC 197
Parties
Applicant: Marius Jacobus Sullivan; Applicant: Nicolas Johannes Jacobs; Applicant: Elmarie Nel; Applicant: Leonard Robert Xaba; Respondent: Minister of Defence and Military Veterans; Respondent: Secretary of Defence; Respondent: Chief of South African National Defence Force; Respondent: Minister of Finance
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 February 2024
Case Number
37166/2023
Procedural Posture
Urgent Application / Application for Interim Relief Pending Grievance and Possible Review Proceedings
Outcome
Interim relief granted in favour of the first to third applicants; costs awarded against the first to third respondents; no order as to the fourth applicant.
Judges
G S Myburgh
Legal Topics
Unilateral Change to Remuneration, Interim Interdict, Defence Act Section 55, Internal Grievance Procedure, Ultra Vires Administrative Action
Administrative Law Labour Law Unilateral Change to Remuneration Interim Interdict Defence Act Section 55 Internal Grievance Procedure Ultra Vires Administrative Action

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Parties

Marius Jacobus Sullivan

Applicant

Nicolas Johannes Jacobs

Applicant

Elmarie Nel

Applicant

Leonard Robert Xaba

Applicant

Minister of Defence and Military Veterans

Respondent

Secretary of Defence

Respondent

Chief of South African National Defence Force

Respondent

Minister of Finance

Respondent

Procedural Posture

Urgent Application / Application for Interim Relief Pending Grievance and Possible Review Proceedings

Legal Issues

  1. 1 Whether the SANDF's discontinuance of technical allowances for the applicants was lawful.
  2. 2 Whether the applicants are entitled to interim relief pending finalisation of their grievances and any review proceedings.
  3. 3 Whether the requirements for an interim interdict have been met.

Ratio Decidendi

The court found that the applicants had established a clear right to the relief sought, as the SANDF's discontinuance of the technical allowances was not shown to have complied with section 55(3) of the Defence Act, specifically the requirement for approval by the Minister of Finance. The respondents failed to answer this challenge, and the court was required to accept the applicants' allegations as true. The applicants faced severe financial harm, had no satisfactory alternative remedy, and the balance of convenience favoured them, as the impact on the SANDF would be negligible compared to the applicants' hardship. The relief granted was of limited duration, pending the finalisation of...

Court Disposition

Interim relief granted in favour of the first to third applicants; costs awarded against the first to third respondents; no order as to the fourth applicant.

Orders

  • Pending finalisation of the grievances and any review proceedings instituted within 21 days of notification of outcome, the first to third respondents shall pay the first to third applicants their monthly technical allowances in addition to their salaries.
  • The order operates retrospectively to 1 April 2023.