Cape Argus reports that a SA National Defence Force (SANDF) nurse has obtained an interim injunction from the Western Cape High Court preventing the armed forces from implementing a Court of Military Appeals (CMA) sentence dismissing him in disgrace.
Charles Machard had gone to court seeking a rule nisi (decree) to stop the SANDF from cashiering him following a September 2020 ruling by a military court. The SANDF opposed the application and raised a number of points in the pretrial hearing, including that the Western Cape High Court had no jurisdiction to grant either an interdict or a subsequent review in the matter. In her ruling, Judge Babalwa Mantame shot down the SANDF’s argument that the matter was not in the court’s jurisdiction, saying: “The applicant, although employed by the SANDF which is a national government department, resides in this jurisdiction; performs his services as an employee in this jurisdiction; the triable offence occurred in this jurisdiction; the military trial court was constituted in this jurisdiction and in all pragmatism, he falls within the jurisdiction of this court.” Machard has been employed by the SANDF since 1992 as a male professional nurse and holds the rank of captain at Nine SA Infantry Battalion, Eerste River. On 14 March 2019, Machard appeared before the Military Court in Cape Town and was charged with three counts of sexual assault. There was also an alternative charge relating to unseemly behaviour. Machard pleaded not guilty to these charges. However on 19 March 2019 a military judge convicted him of unseemly behaviour and two charges of sexual assault. Following further proceedings, Machard was ultimately told that he would be cashiered on 30 July 2021, whereupon he embarked on legal action.
- Read the full original of the report in the above regard by Mwangi Githahu at Cape Argus
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