Defence to appeal high court decision

Friday, December 3, 2010

Pretoria - The Department of Defence says it intends to appeal the North Gauteng High Court judgment that all the soldiers who took part in last year's strike be reinstated.

The department believes that another court will come to a different decision.

"The department considers this matter in the most serious light, as it may affect the management and discipline in the Defence Force, which will have a negative impact on National Security," the department said in a statement.

"Ill-disciplined soldiers have no place in the SANDF [South African National Defence Force] and failure to act firmly may itself be a breach of the Constitution."

The department said discipline in the military was non-negotiable and was the sole responsibility of the Chief of the SANDF, who is the custodian - as required by the Constitution - to ensure that the "defence force is structured and managed as a disciplined military force."

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.

Minister of Defence and Military Veterans, Lindiwe Sisulu, subsequently dismissed those who were involved.

That resulted in SANDU challenging the dismissals in the North Gauteng High Court.