Case Law[2025] ZAGPPHC 1214South Africa
Khoza and Another v Minister of Defence and Military Veterans (205731/2025) [2025] ZAGPPHC 1214 (14 November 2025)
High Court of South Africa (Gauteng Division, Pretoria)
14 November 2025
Judgment
begin wrapper
begin container
begin header
begin slogan-floater
end slogan-floater
- About SAFLII
About SAFLII
- Databases
Databases
- Search
Search
- Terms of Use
Terms of Use
- RSS Feeds
RSS Feeds
end header
begin main
begin center
# South Africa: North Gauteng High Court, Pretoria
South Africa: North Gauteng High Court, Pretoria
You are here:
SAFLII
>>
Databases
>>
South Africa: North Gauteng High Court, Pretoria
>>
2025
>>
[2025] ZAGPPHC 1214
|
Noteup
|
LawCite
sino index
## Khoza and Another v Minister of Defence and Military Veterans (205731/2025) [2025] ZAGPPHC 1214 (14 November 2025)
Khoza and Another v Minister of Defence and Military Veterans (205731/2025) [2025] ZAGPPHC 1214 (14 November 2025)
Download original files
PDF format
RTF format
make_database: source=/home/saflii//raw/ZAGPPHC/Data/2025_1214.html
sino date 14 November 2025
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO: 205731/2025
(1)
REPORTABLE:
YES
/NO
(2)
OF INTEREST TO OTHER JUDGES:
YES
/NO
(3)
REVISED.
DATE
14/11/2025
SIGNATURE
In
the matter between:
THABO
GORDON KHOZA
First Applicant
101
SANDF MEMBERS KINSHASHA DEPLOYEES
Second Applicant
and
THE
MINISTER OF DEFENCE AND MILITARY VETERANS
Respondent
JUDGMENT
LABUSCHAGNE
J
[1]
The applicants brought an urgent application to interdict the
respondent from deducting
expenses from their salaries during
November 2025. The applicants were deployed to the Democratic
Republic of the Congo and,
upon arrival in the DRC, found that
accommodation had not been arranged. The respondent then
arranged accommodation in a
hotel for the applicants. They
continued receiving a daily subsistence allowance, which included a
breakfast allowance, whilst
it was established later that the hotel
was providing a rate inclusive of all meals.
[2]
The applicants approached court after hearing informally on 27
October
2025, shortly after their return from the DRC, that the
deductions from their salaries would take place during November.
[3]
Attempts by the applicants to get engage with and get clarity from
the Minister
were unsuccessful.
[4]
The first applicant is the only party who has an affidavit in support
of his application.
The remaining 101 SANDF members did not
depose to affidavits. Their names appear on an attendance list,
and it is apparent
that they support the first applicant’s
application. However, they are not formally before court as parties
as they have
not been properly cited and none of them has filed an
affidavit confirming participation as applicants in the proceedings.
[5]
Prior to their return, a general in the SANDF notified those that
were
deployed that corrective measures would take place upon their
return in terms of an existing policy to recover duplicate
expenditures.
[6]
The Minister contends that the application is not urgent.
Reference is
made to a communiqué dated 04 August 2025, where
the employees were notified of the need to recoup duplicated
expenses
for breakfasts. However, the communiqué
expressly stated that an investigation would first take place and
after the
investigation is completed, all members will be fully
informed. The Minister contends that this investigation has not
even
started and may take months. He further denied that there
would be any deductions during November 2025.
[7]
It is apparent that the applicants first wanted an interdict
restraining
the deductions before negotiations with the Minister on
the deductions. This is improper as there is a grievance
procedure
available to SANDF members who feel aggrieved by decisions
affecting them. No grievance was laid and therefore an internal
remedy was not pursued. An alternative remedy is fatal to
interdictory relief. That route is still open to the applicants.
[8]
The matter is accordingly not urgent. However, the duplication
of expenses
appears to be because of an administrative error on the
part of the Minister’s officials. When the applicants
made
enquiries about this, they were met with silence. This informs
the costs order below.
[9]
The failure to communicate clearly with members on deductions from
their salaries
caused by administrative bungling is a matter on the
SANDF and the Minister were required to engage meaningfully.
The failure
to do so, particularly after the applicants’ return
from their deployment, is regrettable.
[10]
In the premises the following order is made:
1.
The matter is struck from the roll for lack of urgency.
2.
No order as to costs
LABUSCHAGNE
J
JUDGE
OF THE HIGH COURT
APPEARANCES:
COUNSEL FOR
APPLICANT :
ADV MOAFRIKA WA
MAILA
INSTRUCTED
BY
:
MORERO &
MOEKETSI INC
COUNSEL FOR
RESPONDENT :
ADV MASUTHA
INSTRUCTED
BY
:
STATE ATTORNEY
PRETORIA
sino noindex
make_database footer start
Similar Cases
Khoza and Another v Minister of Police and Another (3507/18) [2024] ZAGPPHC 628 (12 June 2024)
[2024] ZAGPPHC 628High Court of South Africa (Gauteng Division, Pretoria)100% similar
C.K.N and Another v Villa Siesta Pet Retreat CC and Another (059704/2022) [2024] ZAGPPHC 1230 (28 November 2024)
[2024] ZAGPPHC 1230High Court of South Africa (Gauteng Division, Pretoria)99% similar
Khoza v Minister of Home Affairs and Another [2023] ZAGPPHC 140; 6700/2022; [2023] 2 All SA 489 (GP) (27 February 2023)
[2023] ZAGPPHC 140High Court of South Africa (Gauteng Division, Pretoria)99% similar
Tlali and Another v Government Employees Pension Fund and Others (8000/2020) [2024] ZAGPPHC 843 (27 August 2024)
[2024] ZAGPPHC 843High Court of South Africa (Gauteng Division, Pretoria)99% similar
Nkosi and Another v Tuso Attorneys and Another (4957/22) [2024] ZAGPPHC 113 (6 February 2024)
[2024] ZAGPPHC 113High Court of South Africa (Gauteng Division, Pretoria)99% similar