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)
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