Minister of Defence v Dunn

Captain Louis Dunn, a senior legal officer in the South African National Defence Force (SANDF) holding the rank of Captain (post-level 12), applied for promotion to a newly created post of Director: Anti-Fraud, a level 13 position. He was nominated by the Chief of the Navy. A special placement board, established due to the sensitivity of the post, considered four candidates, including Dunn and Brigadier General Coetzee, who was already at level 13. The board recommended Coetzee for appointment. Dunn was initially invited to attend an interview but this was later cancelled on the basis that sufficient information was available from the candidates’ curricula vitae. The Minister of Defence approved Coetzee’s appointment. Dunn brought review proceedings in the Pretoria High Court under the Promotion of Administrative Justice Act 3 of 2000 (PAJA). The High Court found the process procedurally unfair and irregular, declined to set aside Coetzee’s appointment, but awarded Dunn compensation equivalent to the salary he would have earned had he been promoted. The Minister of Defence and others appealed to the Supreme Court of Appeal.

The appeal was upheld. The order of the High Court awarding Dunn compensation equivalent to the promoted salary and punitive costs was set aside. Dunn’s application for review failed.

The case clarifies the application of PAJA to public-sector appointments and promotions, particularly within the military context. It affirms that not every procedural deviation or disappointed expectation renders an appointment reviewable, and provides authoritative guidance on legitimate expectation, procedural fairness, and the limits of compensation as a remedy under s 8 of PAJA.