Sullivan and Others v Minister of Defence and Military Veterans and Others (37166/2023) [2024] ZAGPPHC 197 (29 February 2024)

35 Reportability

Brief Summary

Public Service — Military pensions — Applicants sought payment of accrued arrears of military allowances from 1 April 2023 — Court ordered payment within two weeks of publication of order — Failure to institute review proceedings within stipulated period would result in order lapsing — Respondents ordered to pay costs incurred by applicants, including wasted costs from prior removal of matter from roll — No order made regarding fourth applicant.

REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
(1) REPORTABLE: 'f'fi1{'/ NO Case Number: 37166/2023
(2) OF INTERE_sJ TO OTHER JUDGES: �NO
(3) REVISED: �S/�
Q...q\oa\�
DATE
In the matter between:
MARIUS JACOBUS SULLIVAN
NICOLAS JOHANNES JACOBS
ELMARIE NEL
LEONARD ROBERT XABA
and
MINISTER OF DEFENCE AND
MILITARY VETERANS
SECRETARY OF DEFENCE
CHIEF OF SOUTH AFRICAN NATIONAL
DEFENCE FORCE
MINISTER OF FINANCE
First Applicant
Second Applicant
Third Applicant
Fourth Applicant
First Respondent
Second Respondent
Third Respondent
Fourth Respondent

3. The accrued arrears (i.e. amounts equal to the allowances which would have
been paid from 1 April 2023) shall be paid to the applicants within two calendar
weeks of the date of publication of this order.
4. In the event of any of the applicants being unsuccessful in respect of his or her
grievance and failing to institute review proceedings within the period stipulated
in paragraph 1 above, then this order will ipso facto lapse and cease to be of
effect.
5. The first to third respondents are ordered to pay the costs of the first to third
applicants, including those costs which were wasted as a result of the removal
of the matter from the roll on or in the week of 9 May 2023 - such liability to be
joint and several, the one paying, the others to be absolved.
6. In respect of the fourth applicant, I make no order.
ACTING JUDGE OF THE HIGH COURT
PRETORIA
Date of Hearing: 1 August 2023
Date of judgment: 29 February 2024
APPEARANCES:
For the Applicants: Adv J G Hamman
Instructed by: Griessel Van Zanten Attorneys
For the First to Third Respondents: Adv B Yawa
Instructed by: State Attorney