MEDIA STATEMENT BY THE SOUTH AFRICAN NATIONAL DEFENCE UNION ON NORTH GAUTENG HIGH COURT LAMBASTING SANDF GENERAL FOR DISHONESTY AND SLACKING
On 29 July 2013 the North Gauteng High Court delivered judgment in the case of a senior member of the SANDF against the Minister of Defence and Military Veterans and 6 other respondents (Case nr 32820/13).
The case dealt with an application by the senior officer to prevent the SANDF from summarily transferring him geographically unless and until the grievance he had lodged about the transfer had been properly attended to.
In the written judgment handed down by acting Judge Ebersohn, the court inter alia finds:
- The Respondent appointed as General Officer Commanding SA Army Support Formation, one Major General Marumo either does not know SANDF transfer policy or simply refuses to apply it properly;
- Marumo disregards the senior officer's right to have his matter addressed procedurally;
- Marumo dishonestly denied under oath that he had knowledge of the senior officer's grievance as transcripts of a conversation clearly shows that he was well aware of the grievance weeks before the court case was started;
- The finding regarding Marumo's dishonesty under oath is to be referred to the National Prosecuting Authority to decide on possible prosecution of Marumo for perjury;
- That the SANDF disregards its own policy on transfers and that the court will not tolerate this kind of behavior from generals in the SANDF;
-That the SANDF is ordered to pay a special legal costs on attorney client scale.
SANDU is proud to state that the legal strategy adopted by the senior officer in this case was devised by the union in order to test the principle that the SANDF is compelled to process grievances of soldiers correctly and timeously, but that pending such processing the aggrieved soldier is not to be prejudiced by the decision he is complaining of.
This case was also used to establish firmly the principle that decisions affecting the careers of soldiers are administrative actions which are subject to the rule of law.
It is unfortunate that a senior officer had to approach a court of law to expose the lack of integrity and professionalism displayed by the senior management of the SANDF in its dealings with the careers of soldiers who give their lives in service of our country.
Ironically, it appears from the court papers that even though the senior officer's generals held him in high esteem as an officer, they were willing to have him dismissed from the SANDF rather than deal with his legitimate grievance.
SANDU demands to know from the Minister of Defence and Military Veterans and the Chief SANDF as to what steps they intend taking against Major General Marumo in view of the finding of dishonesty, failure to execute his duties and the resulting special costs order against the Department of Defence.
Clearly Marumo should be suspended pending prosecution and the wasted costs should be recovered from him as a fruitless and wasteful expense under the Public Finance Management Act. Anything less would send the inescapable conclusion that senior generals are protected by management irrespective of their incompetence and misbehaviour.
A copy of the judgment is attached to this press release for ease of reference.
Statement issued by JG Greeff, SANDU national secretary, August 1 2013
Click here to sign up to receive our free daily headline email newsletter
