Mahlangu and Another v Minister of Defence and Military Veterans (54573/2018) [2020] ZAGPPHC 461 (14 August 2020)

Mahlangu and Another v Minister of Defence and Military Veterans (54573/2018) [2020] ZAGPPHC 461 (14 August 2020)

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The grounds advanced by the applicants, including alleged findings regarding exhaustion of internal remedies and employment status, were either misinterpretations of the judgment or lacked merit. The court clarified that it did not make a finding of nonsuiting based on non-exhaustion of internal remedies, but merely restated the respondents' submissions. The applicants' criticisms of the judgment were unfounded, and the principles governing leave to appeal, as set out in relevant case law and statutes, were not satisfied. Consequently, the application for leave to appeal was dismissed.

Citation
[2020] ZAGPPHC 461
Parties
Applicant: K E Mahlangu; Applicant: A N Bushula; Respondent: Minister of Defence and Military Veterans
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 August 2020
Case Number
54573/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
Van der Westhuizen
Legal Topics
Leave to Appeal, Exhaustion of Internal Remedies, Declaratory Orders, Defence Act, Judicial Review
Civil Procedure Administrative Law Leave to Appeal Exhaustion of Internal Remedies Declaratory Orders Defence Act Judicial Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

K E Mahlangu

Applicant

A N Bushula

Applicant

Minister of Defence and Military Veterans

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the dismissal of their main application.
  2. 2 Whether the applicants were nonsuited for failing to exhaust internal remedies under the Defence Act and related regulations.
  3. 3 Whether the court erred in its interpretation of the applicants' employment status and entitlement to remuneration.

Ratio Decidendi

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The grounds advanced by the applicants, including alleged findings regarding exhaustion of internal remedies and employment status, were either misinterpretations of the judgment or lacked merit. The court clarified that it did not make a finding of nonsuiting based on non-exhaustion of internal remedies, but merely restated the respondents' submissions. The applicants' criticisms of the judgment were unfounded, and the principles governing leave to appeal, as set out in relevant case law and statutes, were not satisfied. Consequently, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.