SANDU REJECTS UNLAWFUL ATTEMPTS BY SANDF TO UNFAIRLY DISMISS REPATRIATED SOLDIERS

SANDU HQ, Pretoria, Wednesday, 28 October 2015

Several soldiers, recently repatriated from their deployment duties in the Democratic Republic of Congo, have reported to SANDU that the SANDF management have issued them with notices, informing them that they have until 5 November 2015 to provide the Minister of Defence with reasons as to why they should not be dismissed from the SANDF. The same notices allege that the soldiers breached a curfew and were absent from their base without leave.

SANDU rejects this method of addressing the issue with the implicated soldiers as it is in flagrant disregard of the military legislation dealing with matters of military discipline and of the Constitution of the Republic of SA. SANDF members, who are alleged to have committed disciplinary breaches, are entitled, by law, to a fair trial by a military court and the SANDF is also by law obliged to prosecute any disciplinary breach for which it has prima facie evidence.

The fact of the matter is that the Minister of Defence has, however, failed since April 2015 to discharge her statutory obligation of appointing military judges which has led to a total breakdown in the military justice system. It is on the back of this failure that the SANDF management now attempts to induce kangaroo justice upon soldiers, who are constitutionally entitled to equality before the law as is the case with any other citizen in South Africa.  

To add insult to injury, since 2012 the same SANDF management has twice lost (at tax payers’ expense) cases in the Supreme Court of Appeal after similar attempts at dismissing soldiers without the benefit of a fair hearing or trial.

SANDU has, to date, received instruction from 15 soldiers to defend their rights in this matter and all affected soldiers are urged to seek SANDU’s protection. SANDU has already referred this matter to attorneys who will engage the SANDF on halting this unlawful process and ensuring the job security of the soldiers, while also ensuring that any disciplinary measures are subject to, and in compliance with, the applicable legislation ensuring a fair trial.

Statement issued by Adv JG (Pikkie) Greeff, SANDU national secretary, 28 October 2015