Bux v Minister of Defence and Military Veterans and Others

The applicant, Colonel Iqram Bux, a medical practitioner and Officer Commanding of 2 Military Hospital, was employed by the Department of Defence since 1999. Due to an Occupational Specific Dispensation, he was translated to higher-paying posts in 2009 and again in 2012. The Department later alleged that these translations were incorrect and that he had been overpaid. Without his consent, and relying on section 38(2)(b)(i) of the Public Service Act 103 of 1994, the Department began deducting approximately R20,397.97 per month from his salary from December 2017 to recover the alleged overpayments. Following the Constitutional Court’s judgment in PSA obo Ubogu v Head of Department of Health, which declared section 38(2)(b)(i) unconstitutional, Bux launched an urgent application to interdict further deductions.

The application was heard as urgent. The respondents were interdicted from making any further unilateral deductions from the applicant’s remuneration or pension fund payout. The respondents were ordered to pay the applicant’s costs jointly and severally.

This case confirms the binding effect of the Constitutional Court’s decision in Ubogu and reinforces that state employers may not unilaterally recover alleged overpayments from employees’ salaries. It affirms the applicability of the BCEA to members of the SANDF and strengthens protection against unlawful deductions and state self-help in employment relationships.