Court : South Africa Supreme Court of Appeal
..... [6] the military bargaining council and the military arbitration board referred to in the order that is sought to be appealed are the bodies established under regulations 62 and 75 respectively of chapter xx of the general regulations for the south african national defence force and reserve, made under the defence act 44 of 1957, and kept in force by s 106(2) of the defence act 42 of 2002. ..... , and were granted, two orders in the following terms: declaring that the procedure adopted by the [military authorities] as reflected in the [notices] dated 30 august 2009 is unlawful and/or unconstitutional and interdicting and restraining the [military authorities], pending the finalization of a dispute to be referred to the military bargaining council (and, should the matter not be resolved in the military bargaining council, to the military arbitration board) by the [union], from terminating and/or administratively discharging members of the [union] pursuant to the [notices], and/or any other similar order, bulletin ..... indeed, it would be extraordinary if the military was precluded from embarking upon disciplinary proceedings without first having the agreement of the union or the boards determination of how it should do so. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... amongst other things they said the following: [from] this moment on we invoke our rights guaranteed to us under the constitution of the republic of south africa, act 108 of 1996, more specifically the rights afforded us under chapter 2, section 14 of the constitution .10 [36] the investigating committee i will call it the de vos committee to distinguish it from another committee that was subsequently appointed commenced enquiring into the matter. ..... per de grandpr j in committee for justice and liberty et al v national energy board (1976) 68 dlr (3d) 716 at 735; sarfu para 45. 31. ..... )49 in national coalition for gay and lesbian equality and others v minister of home affairs and others50the constitutional court, in dealing with a similar kind of discretion, said the following about the powers of a court of appeal: '(i)t may interfere only when it appears that the lower court had not exercised its discretion judicially, or that it had been influenced by wrong principles or a misdirection on the facts, or that it had reached a decision which in the result could not reasonably have been made by a court ..... this appears to have been the approach in society of advocates of south africa (witwatersrand division) v cigler 1976 (4) sa 350 (t) at 358d-g. 75. ..... estate agency affairs board v mclaggan and another 2005 (4) sa 531 (sca) paras 21-24. 70. ..... national coalition for gay and lesbian equality and others v minister of home affairs and others [1999] zacc 17; 2000 (2) sa 1 (cc) para 11. .....
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