Judgment reserved in protesting soldiers' case

2014-08-19 15:31
SANDF (Picture: AFP)

SANDF (Picture: AFP)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Bloemfontein - Judgment was reserved on Tuesday in an appeal over whether the SA National Defence Force acted fairly in taking disciplinary action against soldiers who took part in an illegal march.

The Supreme Court of Appeal (SCA) heard argument in an appeal by the defence department against a decision that its disciplining of the soldiers did not meet the requirements of justice and fairness.

The soldiers are members of the SA National Defence Union (Sandu).

The union members were accused of disobeying a command to return to base after participating in an illegal march to the Union Buildings in 2009.

The present appeal involves notices to the soldiers by the department, including media statements, published in two newspapers on 14 November 2012 and 15 November 2012.

A full Bench of the SCA questioned aspects of the department's notices, such as whether the soldiers had enough time to react to them.

Judge Malcolm Wallis further wanted to know how the department expected a soldier to react if he would have received his letter, and seen a newspaper article on it on the same day.

The soldier would have had before him different charges, different allegations, and different time periods on record.

Julian Dreyer, for the department, conceded there were disparities in the notices to the soldiers.

He submitted that this fact did not give soldiers the right to do nothing.

Gilbert Marcus, for Sandu, contended it would be unfair to expect a soldier to look at the notices "through the microscope of a lawyer" in a short space of time.

To put the onus on the soldier alone would be unfair, he submitted.

He contended the department's disciplinary steps regarding the notices were vague and inadequate, and therefore unlawful and unfair.

It was further argued in papers that the department had a duty to ensure the soldiers facing dismissal were treated lawfully and fairly.

Read more on:    sandu  |  sca  |  sandf  |  johannesburg  |  protests

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

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
Comments have been closed for this article.

Inside News24

Competition regulation for a growing and inclusive economy

ADVERTORIAL: The Competition Commission of South Africa is conducting advocacy work in the South African automotive aftermarket industry and has gazetted a Draft Code of Conduct for public comment.


Man scores date with tennis superstar after Twitter bet

It’s a modern day Cinderella story, but one American man took ‘shoot your shot’ seriously in 2017.


You won't want to miss...

Who are the highest paid models of 2017?
10 gorgeous plus-sized models who aren't Ashley Graham
5 top leg exercises for men
10 best dressed men of 2017
Traffic Alerts
There are new stories on the homepage. Click here to see them.


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.


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.