Edgar Davids v The Minister of Defence and Military Veterans and Others and Zilta Miles v The Minister of Defence and Military Veterans and Others

The appellants, Warrant Officer Edgar Davids and Major Zilta Miles, were members of the South African National Defence Force. Davids complained to the Military Ombud that he had been unfairly denied promotion and not compensated for acting in a higher position. Miles complained that she had been incorrectly classified as a normal dispensing pharmacist instead of a supervising pharmacist, resulting in lower remuneration. In both cases, the Military Ombud upheld the complaints under the Military Ombud Act 4 of 2012 and, in terms of section 6(8), recommended appropriate relief to the Minister of Defence, including retrospective compensation and salary adjustments. The Minister did not implement the recommendations. The appellants approached the Gauteng Division of the High Court seeking to compel the Minister to implement the Ombud’s recommendations. The High Court dismissed the applications, holding that the Ombud’s recommendations were not binding. With leave, the appellants appealed to the Supreme Court of Appeal.

The appeals were dismissed on the main issue, but the order of the High Court was set aside and replaced. The Minister of Defence was ordered, within 60 days, to decide what appropriate relief should be implemented in favour of the appellants, following the recommendations made by the Military Ombud under section 6(8) of the Military Ombud Act.

This judgment clarifies the legal status of recommendations made by the Military Ombud under section 6(8) of the Military Ombud Act. It establishes that such recommendations are not binding, but that the Minister has a mandatory duty to consider them and to decide on appropriate relief. The case is significant for defining the balance of powers between the Military Ombud and the executive, and for ensuring accountability in the handling of military service-related grievances while respecting constitutional and statutory structures.