Army sex case 'not the first'

2003-08-01 19:13

Pretoria - The military penalty facing disgraced defence force Major Ria Vivier for misconduct will be the second one carried out this year by the SANDF.

Spokesperson Major Nico Allie said: "It is a rare sentence, but this does happen. We also had one on April 30 this year."

He would not elaborate on the previous case.

A Thaba Tshwane military court on Thursday sentenced Vivier, 48, to cashiering after convicting her of unseemly behaviour.

Her punishment boils down to a discharging ceremony that will be witnessed by her unit or part of it.

The charges stemmed from a sexual affair Vivier had had with a subordinate, corporal Neil Sanna, 27, while on peacekeeping duties in the Democratic Republic of Congo.

Cashiering means Vivier faces the prospect of being called to parade before her unit, where her sentence will be read out to the roll of drums.

In terms of military regulations, she will then be taken to a service room and ordered to swap her military uniform for a set of civilian clothes that will be provided.

Vivier will be escorted to the unit gate and ejected, never to be employed again by the defence force.

Corporal 'had no discipline'

Handing down sentence on Thursday, Judge-Colonel Francis Botha said Vivier had "trashed" the name of the force.

"You were the reason why one of your subordinates, corporal Neil Sanna, was convicted on several charges. Your unseemly behaviour is not acceptable."

The judge told Sanna he clearly had no military discipline, and ruled that he be discharged from the force.

The pair earlier admitted to becoming romantically involved in the DRC from September 2002 to April this year. Both were acquitted on a charge of public indecency.

Sanna was found not guilty on two charges of assaulting Vivier, but convicted of conduct to the prejudice of good order and military discipline.

He was also found guilty on two charges of unruliness, two charges of assault on officers, and a charge of calling Vivier by her name.

Will receive her pension

Vivier was also convicted of having sex with a married sergeant, Eddie van Meyering.

Her lawyer, Joe Msiza, told the court his client was divorced and had one child. She also took care of her ill mother. Vivier had 22 years of service in the defence force.

Thursday's sentence would not be executed until the sentence and findings of the court had been reviewed by the military appeal court, he said.

It was not clear when this would happen. Meanwhile, Vivier would remain on suspension with full pay.

"She will receive her pension as if she had resigned," Allie said.

- SAPA