South Africa Case Law

Machard v Minister of Defence and Military Veterans and Others (12696/2021)

Machard v Minister of Defence and Military Veterans and Others (12696/2021) [2022] ZAWCHC 110 (1 June 2022)

Court

Western Cape High Court, Cape Town

Case number

12696/2021

Judge

B P Mantame

The Western Cape High Court found that it had jurisdiction to hear the matter because the applicant resides and is employed within its area, the offence occurred there, and the CMA's decision was communicated to him in Cape Town. The court held that the requirements for an interim interdict were satisfied: the applicant demonstrated a prima facie right based on the alleged irregular composition of the military courts and the potential violation of his constitutional right to dignity. The court accepted that the applicant would suffer irreparable harm if cashiered, as the process would cause p…

Source excerpt

• Military Discipline
• Interim Interdict
• Jurisdiction Of High Court
• Review Of Administrative Action
• Constitutional Right To Dignity

Masinga and Others v Chief of the South African National Defence Force and Others (51/2021)

Masinga and Others v Chief of the South African National Defence Force and Others (51/2021) [2022] ZASCA 1; [2022] 4 BLLR 305 (SCA); (2022) 43 ILJ 805 (SCA); [2022] 2 All SA 399 (SCA) (5 January 2022)

Court

Supreme Court of Appeal

Case number

51/2021

Judges

Petse AP, Makgoka JA, Schippers JA, Nicholls JA, Mabindla-Boqwana JA

The Supreme Court of Appeal held that the appellants' dismissal from the South African National Defence Force was lawful and occurred by operation of law under section 59(3) of the Defence Act. The court found that the appellants had absented themselves from official duty for more than 30 days without permission by refusing to attend classes, despite being physically present at the base. The jurisdictional requirements of section 59(3) were satisfied, and the audi alteram partem principle did not apply as the dismissal was not the result of an administrative decision but rather a legal conseq…

Source excerpt

• Defence Act Section 59
• Deemed Dismissal
• Military Discipline
• Audi Alteram Partem
• Board Of Inquiry
• Constitutional Rights

Masinga and Others v Chief of the South African National Defence Force and Another (27234/19)

Masinga and Others v Chief of the South African National Defence Force and Another (27234/19) [2019] ZAGPPHC 312 (19 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

27234/19

Judge

AC Basson

The High Court reviewed and set aside the SANDF’s termination of 35 members’ service, finding section 59(3) was applied before 30 days had elapsed and without a board of enquiry.

• Promotion Of Administrative Justice Act
• Unlawful Termination
• Automatic Dismissal
• Board Of Enquiry
• Military Discipline
• Administrative-law

Minister of Defence and Military Veterans v Maswanganyi (739/18)

Minister of Defence and Military Veterans v Maswanganyi (739/18) [2019] ZASCA 86; [2019] 9 BLLR 890 (SCA); 2019 (5) SA 94 (SCA); (2019) 40 ILJ 2267 (SCA) (31 May 2019)

Court

Supreme Court of Appeal

Case number

739/18

Judges

Navsa ADP, Majiedt JA, Van der Merwe JA, Molemela JA, Davis AJA

The SCA held that section 59(1)(d) of the Defence Act terminates SANDF service automatically on conviction and imprisonment, with no reviewable decision and no automatic reinstatement.

• Termination Of Service
• Operation Of Law
• Reinstatement
• Military Discipline
• Judicial Review
• Termination-of-service

Van den Berg and Another v Minister of Defence and Military Veterans (62298/11)

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

Court

North Gauteng High Court, Pretoria

Case number

62298/11

Judge

M A Lukhaimane

The High Court found the plaintiffs’ removal from a military base was wrongful and humiliating, awarding damages for dignity and lost allowances.

• Vicarious Liability
• Injury To Dignity
• Wrongful Dismissal
• Military Discipline
• Compensation For Unfair Dismissal
• Vicarious-liability

Mosingathi v Minister of Defence and Another (2014/49314)

Mosingathi v Minister of Defence and Another (2014/49314) [2015] ZAGPPHC 543 (28 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

2014/49314

Judge

Wright

The High Court dismissed a SANDF major’s application for retrospective promotion and to halt investigations, finding he had not made out a case for relief.

• Promotion In Public Service
• Military Discipline
• Interdict
• Retrospective Promotion
• Administrative-law
• Public-service-promotion

Gaji v Minister of Defence and Military Veterans and Others (2865/2012)

Gaji v Minister of Defence and Military Veterans and Others (2865/2012) [2014] ZAGPPHC 585 (31 July 2014)

Court

North Gauteng High Court, Pretoria

Case number

2865/2012

Judge

Molefe

Review application dismissed for unreasonable delay and lack of prejudice from any military disciplinary procedural irregularity.

• Military Discipline
• Review Of Administrative Action
• Procedural Irregularity
• Condonation Of Delay
• Military-discipline
• Judicial-review

Raaff v Minister of Defence And Military Veterans and Others (55030/2012)

Raaff v Minister of Defence And Military Veterans and Others (55030/2012) [2014] ZAGPPHC 255 (25 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

55030/2012

Judge

Ismail

The High Court dismissed a military-review application because it was brought about four years late and the delay was not satisfactorily explained.

• Promotion Of Administrative Justice Act
• Military Discipline
• Judicial Review Delay
• Condonation
• Legality Principle
• Judicial-review-delay

Ehmke v Minister of Defence and Others (57292/2008)

Ehmke v Minister of Defence and Others (57292/2008) [2010] ZAGPPHC 62 (14 July 2010)

Court

North Gauteng High Court, Pretoria

Case number

57292/2008

Judge

Tokota

The court found that although there was a delay in prosecuting the applicant, there was no evidence of irreparable trial prejudice. The applicant did not demonstrate that witnesses essential to his defence had disappeared or that their memories had faded due to the delay. The decision to prosecute and the granting of special leave were within the authority of the Military Prosecuting Authority and the Chief of the South African National Defence Force, respectively. The applicant remains free to raise any prejudice at the trial court. The court was not persuaded that this was an exceptional ca…

Source excerpt

• Military Discipline
• Unreasonable Delay
• Special Leave
• Stay Of Proceedings

Nyaphuli v Minister of Defence (3178/2002)

Nyaphuli v Minister of Defence (3178/2002) [2002] ZAFSHC 12 (12 September 2002)

Court

Free State High Court, Bloemfontein

Case number

3178/2002

Judge

Rampai

Bail-pending-appeal application removed from the roll for failure to comply with section 35 notice requirements against an organ of state.

• Non Joinder
• Urgency
• Section 35 General Laws Amendment Act
• Military Discipline
• Bail Pending Appeal
• Bail-pending-appeal