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South Africa Case Law

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Administrative Law [2015] ZAGPPHC 112

Mogapi v Minister of Defence and Others (8961/2013)

Mogapi v Minister of Defence and Others (8961/2013) [2015] ZAGPPHC 112 (9 March 2015)

The applicant was absent from duty for more than 30 days without permission, and the discharge occurred by operation of law under section 59(3) of the Defence Act. The calculation of days absent is governed by section 4 of the Interpretation Act, which does not exclude weekends unless they are public holidays. The applicant failed to provide sufficient evidence of good cause for his absence, and the affidavits supporting his explanation were only submitted in reply, diminishing their weight. There was no administrative decision to dismiss the applicant; the discharge was automatic under the s…

  • Administrative Discharge
  • Absence Without Leave
  • Defence Act Section 59
  • Reinstatement
  • Interpretation Of Statutes
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Administrative Law [2010] ZAGPPHC 628

Madonsela and Another v Minister of Defence (12571/2010)

Madonsela and Another v Minister of Defence (12571/2010) [2010] ZAGPPHC 628 (15 May 2010)

The court found that the applicants sought an interim interdict suspending the Minister's decision to discharge the first applicant pending review. The Minister's decision was made after considering all relevant information, including the first applicant's representations, and procedural fairness was observed. The applicants failed to establish a prima facie right, as the prospects of success in the review were significantly diminished. The delay in bringing the application further undermined their case, and the balance of convenience did not favour the applicants. The irreparable harm requis…

  • Interim Interdict
  • Procedural Fairness
  • Promotion Of Administrative Justice Act
  • Administrative Discharge
  • Natural Justice
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.