Minister of Defence and Military Veterans and Another v Mamasedi (622 of 2017) [2017] ZASCA 157 (24 November 2017)

Minister of Defence and Military Veterans and Another v Mamasedi (622 of 2017) [2017] ZASCA 157 (24 November 2017)

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Cited documents 4

Act
3
Citizenship and Immigration · Education · Environment, Climate and Wildlife · Health and Food Safety · Human Rights · International Law · Labour and Employment · Public administration
Dispute Resolution and Mediation · Human Rights
Peace and Security
Judgment
1
Reported

Section 8(1)(c)(ii)(aa) of the Promotion of Administrative Justice Act 3 of 2000 — test for exceptional circumstances.

Court in as good a place as the administrator — decision of the administrator is a foregone conclusion — considerations of fairness weigh in favour of substitution order — exceptional circumstances warrant substitution order.

Standard of appellate court interference — discretion in the true sense.

Documents citing this one 5

Judgment
5

Statutory interpretation – s 59(3) of the Defence Act 42 of 2002 – jurisdictional requirements – officers of South African National Defence Force discharged after absenting themselves from official duty – whether they were entitled to hearing – whether discharge lawful.

Reported

Interpretation of statute – s 59(1)(d) of Defence Act 42 of 2002
– operates ex lege – no decision required to be made – nothing capable of being
reviewed and set aside – no automatic reinstatement in terms of that section.