Pretoria - Cabinet has decided to lodge an appeal against the state in the matter between SANDU and the Minister of Defence and Military Veterans Lindiwe Sisulu, Collins Chabane the Minister in the Presidency responsible for Performance Monitoring and Evaluation said.
Briefing the media after an ordinary Cabinet meeting, Chabane said the Pretoria High Court held that the notices that were served on members of the defence force, following the rampage at the Union Buildings in August last year, were unlawful and unconstitutional.
The court said soldiers who took part in last year's strike must be reinstated.
"Cabinet is of the view that the court decision could have a negative effect on the discipline in the defence force. The constitutional provision requires that the defence force must be structured and managed as a disciplined force," said Chabane.
Last year, thousands of soldiers, affiliated to South African National Defence Union (SANDU), embarked on an illegal march in Pretoria, citing a wage grievance.
The protest turned violent when marchers at the Union Buildings were not allowed access to the property. Sisulu subsequently dismissed those who were involved but this was challenged in the High Court.
The Department of Defence intends to appeal the court ruling, citing concern that it may affect the management and discipline in the Defence Force, which will have a negative impact on National Security.
The department said discipline in the military was non-negotiable and was the sole responsibility of the Chief of the SA National Defence Force (SANDF). It also said at the time that ill-disciplined soldiers had no place in the SANDF.
