Sibiya v Minister of Defence and Military Veterans and Others (2024-014981) [2025] ZAGPPHC 879 (22 August 2025)

Case Note

Vukile Ezrom Sibiya v The Minister of Defence and Military Veterans and Others
Case Number: 2024-014981
Date: 22 August 2025

Reportability

This case is reportable due to its implications for administrative justice within the South African National Defence Force (SANDF). It addresses the procedural fairness required in administrative actions, particularly regarding personnel transfers, and the necessity of adhering to internal grievance procedures. The judgment is significant as it reinforces the principles of the Promotion of Administrative Justice Act 3 of 2000 (PAJA) and the importance of the audi alteram partem principle in administrative decision-making.

Cases Cited

• Koyabe and Others v Minister for Home Affairs and Others 2010 (4) SA 327 (CC)
• Davids v Minister of Defence and Military Veterans and Others 2024 JDR 5311 (SCA)
• Judicial Service Commission and Another v Cape Bar Council and Another 2013 (1) SA 170 (SCA)
• Administrator, Transvaal and Others v Traub and Others 1989 (4) SA 731 (A)
• Masetlha v President of the Republic of South Africa and Another 2008 (1) SA 566 (CC)
• Patel v Chief Immigration Officer, OR Tambo International Airport [2009] 4 All SA 278 (GNP)
• Joseph and Others v City of Johannesburg and Others 2010 (3) BCLR 212 (CC)

Legislation Cited

• Promotion of Administrative Justice Act 3 of 2000
• Military Ombudsman Act 4 of 2012
• Defence Act 42 of 2002
• Individual Grievance Procedure Regulations 2016
• Personnel Management Code: Military Law Practitioners

Rules of Court Cited

• Rule 53 of the Uniform Rules of Court

HEADNOTE

Summary

The High Court of South Africa reviewed the decision to transfer Lt. Col. Vukile Ezrom Sibiya from the Military Academy in Saldanha to Legatso. The court found that the transfer was unlawful due to a lack of procedural fairness, specifically the failure to consult with Lt. Col. Sibiya prior to the transfer. The court ordered the transfer to be set aside and reinstated Lt. Col. Sibiya to his previous position.

Key Issues

The key legal issues addressed in this case include the validity of the transfer decision, the requirement for procedural fairness in administrative actions, the exhaustion of internal remedies, and the implications of the audi alteram partem principle.

Held

The court held that the decision to transfer Lt. Col. Sibiya was unlawful and set it aside, ordering his reinstatement to the Military Academy in Saldanha. The court emphasized the necessity of following proper procedures and consulting affected parties before making administrative decisions.

THE FACTS

Lt. Col. Vukile Ezrom Sibiya has served as a Military University Educator at the Military Academy in Saldanha since 2006. In October 2022, he was informed of a decision to transfer him to Legatso without prior notice or consultation. Following his grievance lodged with the Defence Legal Service Division Grievance Committee, which upheld the transfer, Lt. Col. Sibiya sought judicial review of the decision. The court was tasked with determining the legality of the transfer and whether proper procedures were followed.

THE ISSUES

The court needed to decide whether the transfer of Lt. Col. Sibiya was lawful, whether he had exhausted all internal remedies as required by PAJA, and whether the lack of consultation constituted a breach of procedural fairness. Additionally, the court considered the implications of the transfer on Lt. Col. Sibiya's rights and the necessity of joining the new incumbent of his former position in the proceedings.

ANALYSIS

The court analyzed the procedural steps taken prior to the transfer and found that Lt. Col. Sibiya was not consulted, violating the audi alteram partem principle. The court also addressed the argument regarding the necessity of an LLM degree for his position, concluding that this requirement was misapplied. The court emphasized that the decision-making process lacked transparency and fairness, which are essential under PAJA.

REMEDY

The court ordered the transfer of Lt. Col. Sibiya from Saldanha to Legatso to be reviewed and set aside. It mandated his reinstatement to his previous position at the Military Academy, ensuring that he would receive his salary and benefits from the date of the transfer.

LEGAL PRINCIPLES

The judgment established key legal principles regarding the necessity of procedural fairness in administrative actions, particularly the requirement for consultation with affected parties. It reinforced the importance of adhering to internal grievance procedures and clarified the interpretation of qualifications required for positions within the SANDF. The court also highlighted the implications of the audi alteram partem principle in ensuring fair administrative processes.