South Africa Case Law

Erasmus and Another v Minister of Defence and Others (1234/2017)

Erasmus and Another v Minister of Defence and Others (1234/2017) [2017] ZAFSHC 134; [2017] 4 All SA 434 (FB) (24 August 2017)

Court

Free State High Court, Bloemfontein

Case number

1234/2017

Judge

Daffue

The court found that the applicants failed to exhaust internal remedies as required by the Defence Act, the Military Ombud Act, and the Individual Grievances Regulations. The applicants did not challenge the lawfulness of the transfer instructions by way of review, nor did they properly lodge grievances or approach the Military Ombud. The court held that civil courts should not interfere in military matters except in exceptional cases involving clear breaches of constitutional rights. The only relief conceded by the respondents was the reconnection of water and electricity, which the court fo…

Source excerpt

• Military Grievance Procedure
• Interim Interdict
• Exhaustion Of Internal Remedies
• Spoliation
• Transfer Of Personnel

O'Connor v Minister of Defence (4282/2015)

O'Connor v Minister of Defence (4282/2015) [2015] ZAFSHC 195 (29 October 2015)

Court

Free State High Court, Bloemfontein

Case number

4282/2015

Judge

Kruger

The applicant failed to establish a clear right to remain in position 676 or to prevent the transfer of the second respondent. The regulations promulgated in the Government Gazette require that a person demoted in rank be placed at the most junior position in that rank, overriding any contrary guidance in the Chief of Staff's letter. The applicant's grievance regarding his placement as Junior Flight Sergeant does not entitle him to the relief sought, as even if successful, he would only be eligible to apply for post 676, with no guarantee of appointment. The applicant did not demonstrate prej…

Source excerpt

• Military Grievance Procedure
• Interim Interdict
• Demotion
• Succession Planning
• Seniority Determination

Van Den Berg v Minister Of Defence and Others (32820/2013)

Van Den Berg v Minister Of Defence and Others (32820/2013) [2013] ZAGPPHC 517 (17 September 2013)

Court

North Gauteng High Court, Pretoria

Case number

32820/2013

Judge

P.Z. Ebersohn

The High Court refused leave to appeal an interim interdict and granted a Rule 49(11) order keeping the relief operative pending any further appeal.

• Interim Interdict
• Leave To Appeal
• Rule 49 11 Application
• Military Grievance Procedure
• Leave-to-appeal
• Interim-interdict