REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA

(1)	REPORTABLE: NO
(2)	OF INTEREST TO OTHER JUDGES: NO
(3)	REVISED: NO
Date: 8 October 2021

CASE NO: 76995/18

In the matter between:

THE MINISTER OF DEFENCE AND AND 		FIRST APPLICANT
MILITARY VETERANS

CHIEF OF THE SOUTH AFRICAN 			SECOND APPLICANT
NATIONAL DEFENCE FORCE

SECRETARY OF DEFENCE AND			THIRD APPLICANT
MILITARY VETERANS

THE SOUTH AFRICAN NATIONAL			FOURTH APPLICANT
DEFENCE FORCE

and

LIEUTENANT COLONEL K.B O'BRIEN N.O.		FIRST RESPONDENT

STAFF SARGEANT D.T. MOKOENA			SECOND RESPONDENT

LIEUTENANT P.Z. MABULA				THIRD RESPONDENT
JUDGMENT
Van der Schyff J
[1]	In this application for leave to appeal, the first respondent applies for leave to appeal against the whole judgment and order handed down on 2 August 2021, except for paragraph 1 of the order and paragraphs 2-5 and 34-35 of the judgment. The parties are referred to as they appeared in the application.
[2]	I considered the first respondent's application, the heads of argument filed by both parties, and the parties' counsel's submissions when addressing the court.
[3]	I am of the view that the judgment deals with questions of law that are important for the administration of military justice. This in itself constitutes. a compelling reason for the appeal to be heard and necessitates the appeal to be considered by the Supreme Court of Appeal. Since the reasons for my judgment are comprehensively set out in the judgment of 2 August 2021, I need not deal with it again in this judgment.
[4]	Since the costs order granted against the first respondent is linked to the findings I came to, it is justified to include the costs order within the scope of the application for leave to appeal.
[5]	There is no reason to deviate from the practice that the costs of the application for leave to appeal are costs in the appeal.

ORDER

In the result, the following order is made:

1.	Leave to appeal is granted;
2.	Leave is granted to the Supreme Court of Appeal;
3.	The costs of this application are costs in the appeal.

E van der Schyff
Judge of the High Court, Gauteng, Pretoria

Delivered: This judgement is handed down electronically by uploading it to the electronic file of this matter on CaseLines. As a courtesy gesture, it will be sent to the parties/their legal representatives by e-mail. The date for hand-down is deemed to be 8 October 2021.

Counsel for the applicants (respondents 
In the application for leave to appeal): 		Adv. E. K. Tstatsi SC
With: 							Adv. T. C. Kwinda
Instructed by: 					State Attorney, Pretoria
Counsel for the first respondent (applicant 
In the application for leave to appeal):		Adv. C. McConnachie
With: 							Adv. M. Marengo
Instructed by:					Griesel Breytenbach Attorneys
Date of the hearing:					8 October 2021
Date of judgment:					8 October 2021