Van den Berg and Another v Minister of Defence and Military Veterans (62298/11) [2017] ZAGPPHC 852 (17 November 2017)

Van den Berg and Another v Minister of Defence and Military Veterans (62298/11) [2017] ZAGPPHC 852 (17 November 2017)

The court found that the removal of the plaintiffs from Macademia base was effected without adherence to prescribed military disciplinary procedures, particularly the failure to convene a board of enquiry and the exclusion of the plaintiffs from complaint processes. The actions of the late Colonel Bobelo were wrongful and not supported by the Military Discipline Supplementary Measures Act or Defence Act. The manner of removal, including escort under armed guard, was humiliating and infringed the plaintiffs' right to dignity and freedom. The defendant, as employer, is vicariously liable for the wrongful acts of its employee. The plaintiffs suffered actual financial loss in the form of...

Citation
[2017] ZAGPPHC 852
Parties
Plaintiff: Van den Berg Samuel Jacobs; Plaintiff: Glas Gerhard; Defendant: Minister of Defence and Military Veterans
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 November 2017
Case Number
62298/11
Procedural Posture
Civil Action / Damages Claim After Discharge From Military Deployment
Outcome
Judgment for the plaintiffs. Claims for injury to dignity, wrongful discharge, and loss of allowances upheld. Claims for reckless driving dismissed.
Judges
M A Lukhaimane
Legal Topics
Vicarious Liability, Injury to Dignity, Wrongful Dismissal, Military Discipline, Compensation for Unfair Dismissal
Delict Labour Law Vicarious Liability Injury to Dignity Wrongful Dismissal Military Discipline Compensation for Unfair Dismissal

Case Brief

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Parties

Van den Berg Samuel Jacobs

Plaintiff

Glas Gerhard

Plaintiff

Minister of Defence and Military Veterans

Defendant

Procedural Posture

Civil Action / Damages Claim After Discharge From Military Deployment

Legal Issues

  1. 1 Whether the plaintiffs' removal from Macademia base was wrongful and infringed their right to dignity.
  2. 2 Whether the defendant is vicariously liable for the actions of the late Colonel Bobelo.
  3. 3 Whether the plaintiffs are entitled to compensation for loss of allowances and injury to dignity.

Ratio Decidendi

The court found that the removal of the plaintiffs from Macademia base was effected without adherence to prescribed military disciplinary procedures, particularly the failure to convene a board of enquiry and the exclusion of the plaintiffs from complaint processes. The actions of the late Colonel Bobelo were wrongful and not supported by the Military Discipline Supplementary Measures Act or Defence Act. The manner of removal, including escort under armed guard, was humiliating and infringed the plaintiffs' right to dignity and freedom. The defendant, as employer, is vicariously liable for the wrongful acts of its employee. The plaintiffs suffered actual financial loss in the form of...

Court Disposition

Judgment for the plaintiffs. Claims for injury to dignity, wrongful discharge, and loss of allowances upheld. Claims for reckless driving dismissed.

Orders

  • First Plaintiff is awarded R30,000 for injury to dignity for wrongful discharge from Macademia base.
  • First Plaintiff is awarded R50,000 for wrongful removal under guard, infringing freedom and dignity.