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…
Source excerpt
- Administrative Discharge
- Absence Without Leave
- Defence Act Section 59
- Reinstatement
- Interpretation Of Statutes