South Africa Case Law

Mokheseng v Minister of Defence and Military Veterans and Others (11458/2021)

Mokheseng v Minister of Defence and Military Veterans and Others (11458/2021) [2022] ZAGPPHC 919 (23 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

11458/2021

Judge

CM RIP

The court found that the decision of the Military Ombud amounts to administrative action as contemplated by PAJA. Therefore, the applicant was required to bring the review application under PAJA and not under the principle of legality. Furthermore, the court held that the application had become moot because the applicant's contract had expired by effluxion of time, and no effective relief could be granted. As a result, the application was dismissed on both grounds without the need to consider the merits or the question of delay.

Source excerpt

• Military Ombud Act Review
• Administrative Action
• Paja Review
• Mootness
• Delay In Review
• Termination Of Service

Majokweni and Others v Minister of Defence and Military Veterans and Others (21576/22)

Majokweni and Others v Minister of Defence and Military Veterans and Others (21576/22) [2022] ZAGPPHC 272 (3 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

21576/22

Judge

E van der Schyff

Urgent application by MSDS cadets to challenge withdrawal from training was struck from the roll for non-compliance and failure to exhaust internal remedies.

• Termination Of Service
• Internal Remedies Exhaustion
• Audi Alteram Principle
• Urgent Interdict
• Military Ombud Complaint
• 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

Mtomba v Minister of Defence and Others (95871/2016)

Mtomba v Minister of Defence and Others (95871/2016) [2018] ZAGPPHC 894; 2019 (3) SA 548 (GP) (29 October 2018)

Court

North Gauteng High Court, Pretoria

Case number

95871/2016

Judge

S E Weiner

The court found that the decision to terminate the applicant's service constituted administrative action under PAJA, as the SANDF is excluded from the Labour Relations Act and the discharge was an exercise of public power in terms of legislation that adversely affected the applicant's rights. The respondents relied on irrelevant considerations by taking into account prior offences that were outdated and not investigated, and failed to apply their minds to the facts. The discharge was not rationally connected to the purpose of the empowering provision or the information before the decision-mak…

Source excerpt

• Promotion Of Administrative Justice Act
• Termination Of Service
• Procedural Fairness
• Rationality
• Irrelevant Considerations

Maswangayi v Minister of Defence and Military Veterans and Others (5309/2016)

Maswangayi v Minister of Defence and Military Veterans and Others (5309/2016) [2017] ZAGPPHC 827 (4 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

5309/2016

Judge

TJ Raulinga

The High Court reviewed and set aside the SANDF’s refusal to reinstate a member after his conviction was overturned, ordering reinstatement and back pay.

• Termination Of Service
• Reinstatement
• Defence Act
• Military Supplementary Measures Act
• Administrative Action
• Administrative-law

Police and Prisons Civil Rights Union (POPCRU) obo Assegai v Minister of Police and Others (J418/17)

Police and Prisons Civil Rights Union (POPCRU) obo Assegai v Minister of Police and Others (J418/17) [2017] ZALCJHB 186 (1 March 2017)

Court

Labour Court Johannesburg

Case number

J418/17

Judge

Van Niekerk

The Labour Court removed an urgent interim interdict application from the roll and made no costs order after the termination decision had been withdrawn.

• Interim Interdict
• Costs Award
• Termination Of Service
• Review Application
• Interim-interdict
• Costs-order