Minister of Defence and Military Veterans v Mamasedi

The respondent, Mr Jonas Molefi Mamasedi, was a sergeant in the South African National Defence Force (SANDF). He was absent without leave from 29 November 2011 to 18 January 2012. In terms of section 59(3) of the Defence Act 42 of 2002, his absence exceeding 30 days resulted in his deemed dismissal by operation of law. Upon returning, Mamasedi sought reinstatement, alleging that his absence was due to abduction and forced attendance at an initiation school. A board of enquiry was convened to investigate the reasons for his absence and to recommend whether he should be reinstated. The board recommended against reinstatement, and the Chief of the SANDF accepted this recommendation. Mamasedi was not afforded an opportunity to participate in the board of enquiry proceedings nor to comment on its findings before the decision was taken. He successfully reviewed the decision in the High Court, which both set aside the decision and ordered his reinstatement with retrospective benefits. The Minister of Defence and the Chief of the SANDF appealed to the Supreme Court of Appeal.

The appeal was upheld in part. The order of the High Court reinstating the respondent with retrospective benefits was set aside. The High Court order was amended to provide only that the decision of the Chief of the SANDF not to reinstate Mamasedi was reviewed and set aside, and that the respondents pay the applicant’s costs in the court below. Each party was to bear its own costs on appeal.

This case clarifies the application of procedural fairness under PAJA within the military context, particularly where the Defence Act prescribes enhanced procedural protections. It confirms that deemed dismissal under section 59(3) of the Defence Act occurs by operation of law, and that reinstatement is a discretionary administrative act. The judgment reinforces constitutional administrative law principles, especially the limits on judicial substitution of administrative decisions and the continued relevance of separation of powers.