Defence union wins court battle

2010-12-01 12:05

kalahari.com

Pretoria - The SA National Defence Union (Sandu) on Wednesday won its court battle to stop the Defence Force firing more than 1 000 soldiers who took part in a violent protest march on the Union Buildings last year.

Judge Cynthia Pretorius granted an order in the North Gauteng High Court, declaring the procedure adopted by Defence Force, in terms of which the soldiers were issued with provisional termination notices in August last year, unlawful and unconstitutional.

She interdicted the SANDF from discharging Sandu members, pending the finalisation of a dispute to be referred to the Military Bargaining Council. Should the matter not be resolved there, the dispute must be referred to the Military Arbitration Board.

Back to work


Sandu called on its members who had been placed on special leave to report back to their units on Thursday.

"From tomorrow it's back to normal. If the employer is not happy with the ruling, they will have to come back to court," Sandu president Mosima Mosima said outside the court, where jubilant union members danced and sang in celebration of their legal victory.

"We have started to win the battle. If they appeal and it goes to the Constitutional Court, we are confident that we will win again."

Judge Pretorius found the notice issued to the soldiers constituted a decision to terminate their employment, albeit provisionally.

"The letter refers to the Constitution, and therefore the deduction can be made that the respondents were of the opinion that Section 23 and 33 of the Constitutional apply.

Prejudged the issue


"None of the defence counsel dealt with the Sunday Times article at all where the first respondent (Defence Minister Lindiwe Sisulu) made it clear that she had advised the second respondent (secretary for defence) to dismiss the members.

"This court can come to no other conclusion but that the respondents prejudged the issue without adhering to the audi alteram partem (the right to be heard) rule.

"Therefore the court finds that the procedure adopted by the respondents as set out in the notice dated 30 August 2009, and served on the members on 31 August 2009, was unlawful. It is, however, not this court's duty to decide which process should be followed. It is the employer who has to hold a disciplinary enquiry, who has to determine which form and procedure to adopt."

During the application the minister and chief of the SANDF insisted what the soldiers did during their protest - attempting to scale the perimeter fence of the Union Buildings - almost amounted to a coup. They maintained it required extraordinary measures to maintain discipline and protect national security.

Responding to the ruling, The SA Security Forces Union said in a statement it was time to forget about attempts to "de-unionise" the SANDF.

"This fight proves to be costly and unachievable. Forward to a strong military bargaining council that will resolve labour disputes."

- SAPA
Read more on:    sandu  |  sandf  |  lindiwe sisulu  |  protests
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
8 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

4 exercise excuses and how to beat them

Now is the time to kick those excuses right out the door!

 
 

Where were you when you last felt alive?

Watch: Insane road bike skills!
The most extreme journey ever?
Red Bull Lionheart trail run - not for the fainthearted!
Adventure holidays for your bucket list

Jobs in Cape Town [change area]

Jobs in Western Cape region

Intermediate C# Developers – Cape Town R35k – R20k Ref fvs23360a

Western Cape
E-Merge IT Recruitment
R20 000 - R35 000 Per Month

Export Controller

Cape Town CBD
Evolution Recruitment
R14 000 - R18 000 Per Month

HR Officer

Cape Town
ODwyer Personnel
R20 000 - R25 000 Per Month

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Save up to R1000 on Hisense smartphones!

View the large range of Hisense smartphones. Buy today and save up to R1000!

Deal of the week!

Save R1200 on the Samsung 48” smart full HD LED television now only R8799. Buy now!

Toys 4 for the price of 3

Buy 4 toys and get the cheapest FREE! Offer valid while stocks last. Shop now!

Mind blowing prices – As seen on TV

Get mind blowing prices on 1000’s of products! Shop now.

Save 20% on Nivea beauty products!

Buy any two Nivea beauty products and save 20%. Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

There is a tendency to focus too intently on outer appearance and beauty which hides who you really are. You are being challenged...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.