City Press reports that a Constitutional Court (ConCourt) ruling has granted protection to members of the SA National Defence Force (SANDF) against the abuse afforded by a Defence Act provision dealing with dismissals from the army.
Former soldier Teaspoon Maswanganyi took the Minister of Defence and Military Veterans, Nosiviwe Mapisa-Nqakula, to court to challenge his dismissal. But despite winning his appeal, the SANDF refused to reinstate him. Last month, in a unanimous decision, the ConCourt ruled in his favour again. His attorney Tumisang Phasha commented that Maswanganyi’s court victory against Mapisa-Nqakula added a layer of legal protection for soldiers against unfair dismissals. Phasha explained that section 59(1)(d) of the Defence Act provided “a short cut to the department of defence or the SANDF to dismiss members without observing the requirements of disciplinary hearings and observing fair military labour procedures, like conducting disciplinary hearings, and appeal procedures”. The provision was intended to ensure that the SANDF did not have in its ranks members convicted of serious crimes. However, Phasha said, it had often been abused by army chiefs. He indicated that the judgment of Maswanganyi has provided a correct interpretation of section 59(1)(d).
- Read the full original of the report in the above regard by Setumo Stone at City Press
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