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Chief of the South African National Defence Force v Masinga and Others (A336/2019, 27234/2019) [2020] ZAGPPHC 238

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Chief of the South African National Defence Force v Masinga and Others (A336/2019, 27234/2019) [2020] ZAGPPHC 238

26th June 2020

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[1]          This Court is seized with two appeals which have been consolidated. The main appeal is against the judgment of Basson J emanating from a review application, where she reviewed and set aside the decision of the Chief of the National Defence Force (the first appellant) to terminate the services of the thirty-six respondents with the South African National Defence Force (the SANDF). These respondent’s services were reinstated retrospectively from the date of their termination.

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[2]          Having been successful in their review application the respondents then sought and were granted an order in terms of section 18(1) and (3) of the Superior Court’s Act 10 of 2013, also by Basson J. The second appeal pertains to this order and is referred to in these proceedings as the section 18(3) appeal.

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[3]           Leave to appeal the main judgment to the Full Court was granted by the court a quo. Whilst, in terms of section 18(4) (ii) of the Superior Courts Act, the appeal of the order in terms section 18(3) is automatic.     

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