Minister of Defence and Military Veterans and Others v O'Brien N.O and Others (76995/18) [2021] ZAGPPHC 719 (8 October 2021)

Minister of Defence and Military Veterans and Others v O'Brien N.O and Others (76995/18) [2021] ZAGPPHC 719 (8 October 2021)

The court found that the judgment dealt with questions of law significant to the administration of military justice, which constitutes a compelling reason for the appeal to be heard by the Supreme Court of Appeal. The costs order against the first respondent was intrinsically linked to the findings of the judgment and was therefore appropriately included within the scope of the application for leave to appeal. The court saw no reason to depart from the established practice that the costs of the application for leave to appeal are costs in the appeal.

Citation
[2021] ZAGPPHC 719
Parties
Applicant: Minister of Defence and Military Veterans; Applicant: Chief of the South African National Defence Force; Applicant: Secretary of Defence; Applicant: South African National Defence Force; Respondent: Lieutenant Colonel K.B O'Brien N.O.; Respondent: Staff Sargeant D.T. Mokoena; Respondent: Lieutenant P.Z. Mabula
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 October 2021
Case Number
76995/18
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal
Outcome
Leave to appeal is granted to the Supreme Court of Appeal. The costs of this application are costs in the appeal.
Judges
E van der Schyff
Legal Topics
Leave to Appeal, Costs Order, Military Justice
Civil Procedure Leave to Appeal Costs Order Military Justice

Case Brief

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Parties

Minister of Defence and Military Veterans

Applicant

Chief of the South African National Defence Force

Applicant

Secretary of Defence

Applicant

South African National Defence Force

Applicant

Lieutenant Colonel K.B O'Brien N.O.

Respondent

Staff Sargeant D.T. Mokoena

Respondent

Lieutenant P.Z. Mabula

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted to the Supreme Court of Appeal.
  2. 2 Whether the costs order against the first respondent should be included within the scope of the appeal.

Ratio Decidendi

The court found that the judgment dealt with questions of law significant to the administration of military justice, which constitutes a compelling reason for the appeal to be heard by the Supreme Court of Appeal. The costs order against the first respondent was intrinsically linked to the findings of the judgment and was therefore appropriately included within the scope of the application for leave to appeal. The court saw no reason to depart from the established practice that the costs of the application for leave to appeal are costs in the appeal.

Court Disposition

Leave to appeal is granted to the Supreme Court of Appeal. The costs of this application are costs in the appeal.

Orders

  • Leave to appeal is granted.
  • Leave is granted to the Supreme Court of Appeal.