Gallant v Minister of Defence and Military Veterans and Others (63900/2019) [2024] ZAGPPHC 101 (13 February 2024)

33 Reportability
Civil Procedure

Brief Summary

Appeal — Leave to appeal — Application for leave to appeal granted — Applicant sought leave to appeal to the Full Court of the Gauteng Division following a judgment delivered in a prior matter — Court found that the application met the necessary requirements for leave to appeal — Costs of the application to be included in the appeal costs.

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[2024] ZAGPPHC 101
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Gallant v Minister of Defence and Military Veterans and Others (63900/2019) [2024] ZAGPPHC 101 (13 February 2024)

REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
(GAUTENG
DIVISION, PRETORIA)
CASE
NO:
63900/2019
(1)
REPORTABLE:
YES
/ NO
(2)
OF INTEREST TO OTHER JUDGES:
YES
/ NO
(3)
REVISED:
DATE:
14/2/2024
SIGNATURE
In
the matter between:
BENITA
NOLA GALLANT

Applicant
and
MINISTER
OF DEFENCE AND MILITARY VETERANS
First
Respondent
SECRETARY
FOR DEFENCE FORCE

Second Respondent
CHIEF
OF THE SOUTH AFRICAN NATIONAL DEFENCE
FORCE
Third

Respondent
CHIEF
FOR THE SOUTH AFRICAN NAVY

Fourth Respondent
CHIEF
HUMAN RESOURCES

Fifth
Respondent
ADJUDANT-GENERAL:
DEFENCE LEGAL
SERVICES
DIVISION

Sixth Respondent
JUDGMENT: APPLICATION
FOR LEAVE TO APPEAL
(
The
application for leave to appeal was heard in open court but judgment
was delivered by uploading the judgment onto the electronic
file of
the matter on CaseLines. The matter if forwarded to the
representatives of the parties by uploading it onto CaseLines and
the
date of the judgment is deemed to be the date of uploading thereof
onto CaseLines).
Before:
HOLLAND-MUTER J (On 13 February 2024)
[1]
Having being furnished with the Notice of Application for Leave to
Appeal, perusing the delivered judgment and after hearing
counsel on
behalf of the applicant, leave to appeal to the Full Court of the
Gauteng Division of the High Court of South Africa
is granted. The
costs of the application for leave to appeal will be costs in the
appeal.
[2]
The Notice of Set Down for today was served on the Office of the
State Attorney on 25 January 2024.
Date
at Pretoria on this 13
th
day of February 2024.
HOLLAND-MUTER
J
Judge
of the Pretoria High Court
Heard
on 13 February 2024
Delivered
on 13 February 2024
Appearances:
On
behalf of the Applicant:
Adv
G van der Westhuizen
Attorney
obo Applicant
GRIESEL
VAN ZANTEN INC
heidi@gvzinc.co.za
On
behalf of the Respondent:
No
appearance on 13 February 2024
Notice
of Set Down served on the Office of the State Attorney on 25 January
2024