SANDU REACTION TO NORTHERN GAUTENG HIGH COURT CONTEMPT AND COMMITTAL TO PRISON ORDER OF THE MINISTER OF DEFENCE AND VARIOUS TOP SANDF OFFICIALS
SANDF HQ, Pretoria, Friday, 13 February 2015
Today, SANDU assisted a senior officer in the SANDF to obtain an order of contempt and imprisonment against the Minister of Defence, the Secretary of Defence, the Chief of the SANDF, the Chief of the SA Army and 3 other senior ranking officers of the SANDF, for being in violation of an earlier court order to reinstate our member to a post from which he was unlawfully removed by the SANDF.
The respondents in this case have, for the past 18 months, been in violation of a previous court order to reinstate our member. They could not show the court that they had made any effort to comply with that order.
This kind of brazen contempt for the courts and the rule of law by the Ministry and the command structure of the SANDF is certainly not surprising, given the maverick tendencies displayed by the Commander in Chief of the SANDF, President Jacob Zuma in flouting the rule of law and disrespect for constitutional restrictions on executive power.
The Minister of Defence and her five co-respondents now face arrest and imprisonment for a period of 30 days should they fail to comply with reinstating our member in the next 5 days.
This High Court order was given on an attorney client scale, which means that the taxpayer is again made to pay punitive legal costs for the contempt of our courts and legal system by the Defence Ministry and the SANDF.
Text of the order:
IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA)
Before Honourable Justice Mabuse on 13 February 2015
Case Number: 71035/2014
In the matter between:
BAREND JACOBUS VAN DEN BERG - Applicant
and
THE MINISTER OF DEFENCE - First Respondent
THE SECRETARY FOR DEFENCE - Second Respondent
THE CHIEF OF THE SANDF - Third Respondent
THE CHIEF OF THE SA ARMY - Fourth Respondent
GENERAL OFFICER COMMANDING, SOUTH AFRICAN ARMY SUPPORT FORMATION - Fifth Respondent
GENERAL OFFICER COMMANDING, SOUTH AFRICAN ARMY SUPPORT BASE, BLOEMFONTEIN - Sixth Respondent
COLONEL J S MALEPE - Seventh Respondent
DRAFT ORDER
Having read the documents filed and having heard counsel:
IT IS ORDERED THAT:
1. The Respondents are in contempt of the above Honourable Court's order under case number 32820/2013 made by His Lordship, the Honourable Mr Justice Ebersohn AJ dated 29 July 2013 and more specifically paragraph 3.1thereof;
2. The First Respondent, Mrs N N Mapisa Nqakula, is hereby committed to a prison sentence for a period of 30(thirty) days;
3. The Second Respondent. Dr S M Gulube, is hereby committed to a prison sentence for a period of 30(trlirty) days; The Third Respondent, Geri S Z Shake, is hereby committed to a prison sentence. for a period of 30(tnirty) days;
4. The Fourth Respondent, Lt iGen V R Masondo, is hereby committed to a prison sentence for a period 9f 30(thirty) days;
6. The Fifth Respondent, Maj $en S Marumo, is hereby committed to a prison sentence for a period of 30 (thirty) days;
7. The Sixth Respondent, Brig! Gen G K Sibanyoni, Is hereby committed to a prison sentence for a period bf 30(thirty) days;
8. The committal of the First to Sixth Respondents as ordered in paragraphs 2 to
7 above, is suspended for a !period of 5(five) days from date of service of this order on the Respondents on condition that the Respondents comply with the
order in paragraph 9 below. The Applicant is entitled to apply to this Honourable Court for an order issuing a warrant of detention should the Respondents fail to comply 'tYith paragraph 9 of this order;
9. The Respondents, within 5{five) days of this order being served on them, are to restore the Applicant to: the post he previously occupied at the Army Support Base, Tempe, Bloemfontein;
10. The Respondents to pay the costs of this application on an attorney and client scale.
Signed
BY ORDER
REGISTRAR OF THE HIGH COURT
2015-02-13
Statement issued by Adv JG (Pikkie) Greeff, SANDU national secretary, February 13 2015
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