Cabinet to appeal army rampage ruling

2010-12-09 16:33

Cape Town – The Cabinet decided to lodge an appeal against the State in the matter between the defence union and Defence Minister Lindiwe Sisulu, minister in the presidency Collins Chabane announced on Thursday.

"Cabinet is of the view that the court decision could have a negative effect on the discipline in the defence force," he told a media briefing following Cabinet's last regular meeting of the year.

The North Gauteng High Court ruled on December 1 that the dismissal notices served on members of the SA National Defence Force following last year's August rampage at the Union Buildings had been unlawful and unconstitutional.

"The constitutional provision requires that the defence force must be structured and managed as a disciplined force," Chabane said.

  • Des - 2010-12-09 16:53

    I absolutely agree, when in uniform you represent your country and you have to accept the terms and conditions they place upon you, you have to remain neutral in your personal views but you have to uphold those views of yor country or else you are in breach of your contract. to cause unrest then you are imeediately an enemy of the state and they can treat you accordingly. You are to be treated humainly but in the confines of the law as set out by your superiors. There is no place for a union in the defence force but there is a ranking system and a chain of command for you to express your grievences. To overrule this chain of command defeats the purpose and therefore you are out of order and can be treated as a hostile. You have military law and state law and there are differences. If you don't like it then leave as the defense force is one of discipline where an undisciplined soldier can result in the loss of life or the endangermnet of your fellow soldiers. Bring back the ethical training and rank advancement system for character and not years of service as is currently. We were selected for rank advancement based on our achievements and character traits but never because we in the service for x amount of years, this means that a higher ranking officer has achieved his rank through training and is capable to hold that position for heaven help us should there be a war and a ranked officer has no clue on how to lead a platoon or a company.

      Rev. H-Cubed - 2010-12-09 18:10

      Exactly. There is a different standard of excellence required from those who we train to bear arms. A soldier deserves respect in direct proportion to that soldier's discipline. A soldier without a chain of command is an armed thug, no more.

  • Rev. H-Cubed - 2010-12-09 18:04

    The High Court ruling in this case must be challenged if we hope to ensure a disciplined military. I wholeheartedly applaud and support this appeal, and am very much encouraged by Cabinet's decision. Soldiers must endure harsher conditions, unfortunately. It is the nature of the career, and those who cannot or will not endure those conditions must leave or be expelled. Certainly we must ensure that those conditions do not become excessively onerous on individuals, and that there is always an avenue for exit from the conditions, but we cannot sacrifice the chain of command. Those soldiers engaged in unacceptable behaviour, even by civilian standards. We must expect better from those who guard our lives.

  • Joe - 2010-12-10 02:00

    Ha ha what a joke! If there was any discipline worth mentioning in the SANDF BEFORE the riots, this would not have been necessary! SANDF is the laughing stock these days. It pales in comparison to pre-downfall days.

  • Mahasana - 2010-12-10 08:39

    The main failure of the cabinet was to accept union in the army.Now this case is of interest in the Labour law as it involves both military law and labour law.I promise the defence ministry and the cabinet will loose for now until they amend the constitution.

  • james4usa - 2010-12-17 01:13

    Fire the whole lot and hire merceneries.

      damsy - 2011-01-09 19:33

      mecenaries will take the country overnight.look at african countries most of their mecenaries from neigbouring countries.

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