SANDF acted unfairly - SCA

Bloemfontein - The SANDF did not act fairly in taking disciplinary action against soldiers who took part in an illegal march, the Supreme Court of Appeal held on Thursday.

The court delivered judgment in an appeal by the defence department over a decision that its disciplining of the soldiers did not meet the requirements of justice and fairness.

The soldiers are members of the SA National Defence Union. They were accused of disobeying a command to return to base after participating in an illegal march to the Union Buildings in 2009.

The appeal involves notices to the soldiers by the department, including media statements, published in two newspapers on 14 and 15 November 2012.

On Thursday, a full Bench of the SCA dismissed the appeal by the defence minister, the secretary for defence, and the chief of the SA National Defence Force (SANDF).

The court said an employee had to be afforded adequate opportunity to respond and obtain help, such as from a trade union.

The facts of the case indicated the soldiers involved did not have enough time to obtain advice and help from their trade union, of whose existence the SANDF was well aware.

Read more on: sandu sca sandf pretoria strikes
Johan Nothnagel 2014/08/28 05:35:53 PM
Send those soldiers to "Cinderella" DB (detetion baracks) in Boksburg for 3 months for disobeying an order from a higher rank........If you are a real soldier
Rasta Afrika 2014/08/28 05:42:55 PM
This Defence Force has never won a single case taken to court. They always lose cases and waste public funds in the process. They think they are a law unto themselves. The SANDF must start to question the motives of the legal personnel in their employ who always act irrationally. The President must relieve the Chief from his duties due to his inability to carryout discipline and act with the unity of command where the decisions of commanders are unquestionable and executed with absolute precision.
Consider Aswell 2014/08/28 05:51:00 PM
I am stunned - soldiers partaking (as guardians of the republic!) in an illegal march, disobeying orders, bringing the SANDF into disrepute, (I can make this list go on and on) and they may not be disciplined?! If that is accepted then the reputation of the SANDF is truly shattered...
Khutso Bokaba 2014/08/28 06:10:36 PM
You gotta love today's courts judgements! Beautiful
Agness Makgoka 2014/08/28 06:16:40 PM
With these kind of rulings where soldiers who can be armed are allowed to act with impunity I foresee danger in this country.
Lesetja Monty Teffo 2014/08/28 07:24:47 PM
Sandf never seems to win a case.Beleive me.
Lesetja Monty Teffo 2014/08/28 07:43:41 PM
I see racists remarks from racists fallen heroes of the apartheid regime here it's not even funny.A defense force was made to protect the interests of the master now i'm sure.
Terrence Schwartz 2014/08/28 08:16:28 PM
And, these are supposed to be soldiers, if we were invaded the same would apply, opportunity to respond and obtain help, such as from a trade union. Enemy - please wait we have to consult, stop the war!! Wonder if any of those who sit on SCA Bench have ever served in any of the Forces??
Rieks 2014/08/28 08:40:11 PM
It is because an employer may not take disciplinary action against employees who participate in an ILLEGAL strike, that our country is on the brink of collapse. Salaries of SANDF personnel are sufficient for what they do. It is much, much more than 7 years ago and even then an Air Force HR sergeant said that she can not resign because no where in the private sector will she be remunerated as much as in the SANDF with salary, free medical(at least R6000 to R8000 worth per month), cheap housing (in some cases), pension fund, long weekends and in most cases a workday of not more than 5 hours real work per day. If all is paid per productivity many would owe the SANDF each month rather than receive a salary.
Henning Venter 2014/08/28 09:04:17 PM
SADF the only defence force with a union in the world. Thank God they are not in a war. We will lose when they strike. It is normaly called mutany.