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Gallant v Minister of Defence and Military Veterans and Others (63900/2019) [2024] ZAGPPHC 101 (13 February 2024)

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REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

 

CASE NO: 63900/2019

(1)       REPORTABLE:    YES / NO

(2)       OF INTEREST TO OTHER JUDGES:   YES / NO

(3)       REVISED:

DATE: 14/2/2024

 SIGNATURE

 

In the matter between:

BENITA NOLA GALLANT                                                                            Applicant

 

and

 

MINISTER OF DEFENCE AND MILITARY VETERANS                First Respondent

 

SECRETARY FOR DEFENCE FORCE                                     Second Respondent

 

CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE

FORCE                                                                                           Third Respondent

 

CHIEF FOR THE SOUTH AFRICAN NAVY                                Fourth Respondent

 

CHIEF HUMAN RESOURCES                                                        Fifth Respondent

 

ADJUDANT-GENERAL: DEFENCE LEGAL

SERVICES DIVISION                                                                     Sixth Respondent

 

JUDGMENT: APPLICATION FOR LEAVE TO APPEAL

 

(The application for leave to appeal was heard in open court but judgment was delivered by uploading the judgment onto the electronic file of the matter on CaseLines. The matter if forwarded to the representatives of the parties by uploading it onto CaseLines and the date of the judgment is deemed to be the date of uploading thereof onto CaseLines).

 

Before: HOLLAND-MUTER J (On 13 February 2024)

 

[1] Having being furnished with the Notice of Application for Leave to Appeal, perusing the delivered judgment and after hearing counsel on behalf of the applicant, leave to appeal to the Full Court of the Gauteng Division of the High Court of South Africa is granted. The costs of the application for leave to appeal will be costs in the appeal.

 

[2] The Notice of Set Down for today was served on the Office of the State Attorney on 25 January 2024.

 

Date at Pretoria on this 13th day of February 2024.

 

HOLLAND-MUTER J

Judge of the Pretoria High Court

 

Heard on 13 February 2024

Delivered on 13 February 2024

 

Appearances:

 

On behalf of the Applicant: 

Adv G van der Westhuizen

Attorney obo Applicant

GRIESEL VAN ZANTEN INC

heidi@gvzinc.co.za

 

On behalf of the Respondent:

No appearance on 13 February 2024

Notice of Set Down served on the Office of the State Attorney on 25 January 2024