South Africa Case Law

Chief of the South African National Defence Force v Masinga and Others (A336/2019, 27234/2019)

Chief of the South African National Defence Force v Masinga and Others (A336/2019, 27234/2019) [2020] ZAGPPHC 238 (19 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

A336/2019, 27234/2019

Judges

Mlambo JP, Francis J, Hughes J

The Full Court held that the termination of the respondents' services was effected by operation of law under section 59(3) of the Defence Act, not by an administrative decision, and therefore was not susceptible to review. The jurisdictional requirements for dismissal under section 59(3) were met, as the respondents were absent without permission for more than 30 days. The court found that the operative date of dismissal was 26 March 2019, when the decision was communicated to the respondents, not 25 February 2019. The requirement for a board of inquiry under section 103(1) was misapplied by…

Source excerpt

• Defence Act Section 59
• Defence Act Section 103
• Deeming Provision
• Military Dismissal
• Review Of Administrative Action

Minister of Police v Nkabenyane (A174/2019)

Minister of Police v Nkabenyane (A174/2019) [2020] ZAGPPHC 245 (21 February 2020)

Court

North Gauteng High Court, Pretoria

Case number

A336/2019

Judges

Mlambo JP, Francis, Hughes

The Full Court held that the dismissal of the respondents was effected by operation of law under section 59(3) of the Defence Act, not by discretionary decision. The jurisdictional facts for the deeming provision were met when the respondents absented themselves from duty for more than 30 days without permission. The requirement for a board of enquiry under section 103(1) is not a jurisdictional prerequisite for dismissal under section 59(3); its function is limited to verifying continued absence and whereabouts of kit, not the reasons for absence. The operative date of dismissal is when the…

Source excerpt

• Military Dismissal
• Deeming Provision
• Audi Alteram Partem
• Operation Of Law
• Review Of Administrative Action

Mbilini v Minister of Defence: S A National Defence Force, Free State and Another (3200/2013)

Mbilini v Minister of Defence: S A National Defence Force, Free State and Another (3200/2013) [2014] ZAFSHC 91 (12 June 2014)

Court

Free State High Court, Bloemfontein

Case number

3200/2013

Judges

Jordaan, Jaji

The High Court dismissed a review of a military dismissal for unexplained delay of almost three years, finding the applicant’s explanation vague and incomplete.

• Judicial Review Delay
• Condonation
• Military Dismissal
• Unreasonable Delay
• Judicial-review-delay
• Military-dismissal