Mosingathi v Minister of Defence and Another (2014/49314) [2015] ZAGPPHC 543 (28 July 2015)

30 Reportability

Brief Summary

Promotion — Retrospective promotion — Applicant, a major in the SANDF, sought retrospective promotion and an order to halt investigations against him — Respondents demonstrated that the applicant did not qualify for promotion and was subject to a military court case — Application dismissed with costs for failure to establish a case.

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[2015] ZAGPPHC 543
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Mosingathi v Minister of Defence and Another (2014/49314) [2015] ZAGPPHC 543 (28 July 2015)

REPUBLIC OF SOUTH
AFRICA
IN THE HIGH COURT OF
SOUTH AFRICA,
GAUTENG DIVISION,
PRETORIA
CASE NO: 2014/49314
DATE: 28 JULY 2015
In the matter between:
AMON LESEGO
MOSINGATHI
.....................................................................................
APPLICANT
And
MINISTER OF
DEFENCE
....................................................................................
1ST
RESPONDENT
THE CHIEF OF THE SOUTH AFRICAN
NATIONAL
DEFENCE
FORCE
................................................................................................
2ND
RESPONDENT
J U D G M E N T
WRIGHT J
1. The applicant is major in the SANDF.
He seeks various prayers in this application. He seeks retrospective
promotion. To what
rank or post he does not specify. He seeks an
order that all investigations against him be stopped. He seeks
related relief. The
answering affidavit shows that the applicant does
not qualify for promotion. It also shows that the applicant is the
subject of
a military court case. The applicant has not begun to make
out a case.
Order
1. The application is dismissed with
costs.
GC WRIGHT J
JUDGE OF THE HIGH COURT,
GAUTENG DIVISION,
PRETORIA
On behalf of the Applicant:
Instructed by: Mkanzi Attorneys
012 771 8728
On behalf of the Respondent:
Instructed by: State Attorney
012 309 1540
Date of Hearing: 28 July 2015
Date of Judgment: 28 July 2015