SANDF Joint Operations “over-stretched” on internal and external deployments

Read more here

SAAF helicopter to the rescue – this time on the Cape west coast

Read more here

SANDF ammunition and weapons stolen and lost

Read more here

SANDF gearing up for 2016 Armed Forces Day

Read more here

South African UNAMID troops in rebel standoff

Read more here

SANDF out in force at the Rand Show

Read more here

SANDF ‘AWOL’ trial: A leadership of deceit - by Adv Pikkie Greef

Read more here

More public violence charges struck from the roll in ongoing Union Buildings hearing

Read more here

Complaints to Military Ombudsman pass the 500 mark

Read more here

SANDU: Provide court date for Gupta plane saga or withdraw charges

Read more here

More legal success for Sandu

Read more here

Judgment reserved in soldiers’ case

Read more here

Erika Gibson Column: The battle of the admirals

Read more here

SANDF's Western Cape Regional Organiser, Tium Flack, included in the M&G's list of "Top 200 Young South Africans 2014”

Read more here

SANDF becoming an “armed welfare service”

Read more here

Denel Land Systems delivers ambulances to SANDF

Read more here

Too little money for soldiers’ salaries

Read more here

Hanlie gesels met Pikkie Greeff

Read more here

Hofbevel maak unie, Pikkie stil

Read more here

Suspended SAAF officer institutes libel action against Justice Minister

Read more here

 

(No current events)

Please keep on praying for our soldiers.

 

Enquiries:  JG Greeff

5 November  2015

Department of Defence
Chief of the SA Army Lt Gen VR Masondo Private Bag X 981
Pretoria
0001

per fax:  012 355 2055

RE: PRESENTATION  PERSUANT  TO NOTICES OF INTENT:  DISCHARGE  ITO SECTION  59 (2) (c) OF THE DEFENCE ACT 42 OF 2002

1. We represent the members of the SANDF listed in annexure A hereto.

2. SANDU hereby, on behalf of the mentioned members, submit the following presentation as referred to in numbered paragraph 6 of the notices received by the members.

3. It is placed on record that this collective presentation in no way represents  a waving of the rights the members reserved in their attorney's  correspondence dated 30 October 2015 and in which certain undertakings  were sought.

REASONS WHY MINISTER SHOULD NOT DISCHARGE MEMBERS LISTED IN ANNEXURE  A

4.   We submit on behalf of the members: OBLIGATION TO PROSECUTE

4.1 The  essence of the complaint against the members refers to absence without leave, which is an offence in terms of the Military Discipline Code (MDC).  The members are subject by law to the jurisdiction of the MDC.

4.2 The Military Discipline Supplementary Measures Act 16 of 1999 obliges the military prosecutor  to prosecute SANDF members in the event of prima facie evidence of an MDC offence having been committed.

4.3 The Constitutional  Court in 1999 found that the relationship between a soldier and the SANDF is not, for the purposes of misconduct, the same as that of a civilian employer/employee relationship. For that reason misconduct in the SANDF is criminalised and subject to criminal court prosecution.

4.4 One of the possible sentences upon conviction in a military court is dismissal from the SANDF.

4.5 Failure by the DoD to prosecute the members in annexure A, based on the mentioned legislative prescripts and Constitutional Court findings, constitutes:

a. An abrogation by the SANDF of its Constitutional duties to maintain military discipline as embalmed in the Military Discipline Supplementary Measures Act 16 of 1999, Sections 2, 3(1), 4(1), 22(2) and 22(3),

b. Unequal treatment of employees, as other SANDF members are subjected to the abovementioned prescripts in the event of alleged conduct, while the members in annexure A not and for no apparent cogent reason. It is trite law that unequal treatment of employees in dealing with allegations of misconduct is unlawful.

OBLIGATION TO COMPLETE INVESTIGATION AS PREREQUISITE FOR DISCIPLINARY STEPS

4.6 It is also trite law that disciplinary steps against employees are not to proceeded with until an investigation in relation to the alleged misconduct has been  completed and also that it is the completed investigation which determines the steps an employer takes.  See Van der Grijp v City of Johannesburg (JS 878/05) [ 2007] ZALC and also Mayaba v CCMA and others (J 2204/2014) [2014] ZALCJHB.

4.7 To the best of members' and our knowledge there has been no formal investigation and certainly no opportunity for the members to answer a case that would supposedly have been made against them in such an investigation.

4.8 The notice the members received clearly constitute a finding coupled with a conclusion based on that finding. It does not constitute allegation(s) based on investigation nor does it afford the relevant impugned members with a proper opportunity of stating their case(s) in order to enable the making of a finding. The notices are a fete de complete on the guilt and fitness of the members and rather seeks in paragraph 6 thereof to have the members attempt to, ex post  facto,the finding, convince the  Minister to reverse the finding and conclusion  already made.  This represents  a gross violation  of the audi alterim partem rule and the rules of natural justice.

ONUS

4.9 The entire process is based on the legal misconceptionthat the members are under an obligation to prove their own innocence against allegations/findings of misconduct and for that reason alone, the process should not stand.

CONCLUSION

5. From the aforementioned it is clear that the process by which the SANDF is attempting to dismiss the members is unlawful and for that reason the Minister should not rely on this process to effect any decision about the continued employment of the members.

MERITS

6. We do not make representationson the merits of the purported misconduct relating to the members as this would prejudice their rights to a fair trial in a possible military court hearing in future.

7. Our members reserve all their rights in this matter.

Yours sincerely,

Download the original PDF file HERE

Monument Office Park, 71 Steenbok Ave, 1st Floor, Block 3, Monumentpark, Po Box 974, Pretoria, 0001 Docex 97, Pretoria T (012) 435 9444 E vzlr@vzlr.co.za F Gen/Alg (012) 435 9555 Deeds / Aktes (012) 435 9666 www.vzlr.co.za

THE CHIEF OF THE SOUTH AFRICAN ARMY
By fax:  012 355 1068 / 012 355 2055

For attention:  Col HJ Kruger

cc:  THE MINISTER OF DEFENCE & MILITARY VETERANS
By fax:  012 347 0118

       For attention:  Ms NN Mapisa-Nqakula

cc:  THE SECRETARY OF DEFENCE
By fax: 012 347 7445

        For attention:  Dr SM Gulube

cc:  THE CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE
By fax:  012 335 6023

       For attention:  Gen S Shoke

Our Ref:                            R COETZEE/yb/MAT77287
Your Ref:                          SA ARMY HQ/D A HR/C/107/2
30 October 2015
General,
NOTICES OF INTENT: DISCHARGE IN TERMS OF SECTION 59(2) OF THE DEFENCE ACT, 2002

  1. Our clients, identified in the annexure appended hereto, which is not an exhaustive list and which may be supplemented in due course, have received notices from you inviting representations as to why they should not be discharged from the service of the SA Army in terms of section 59(2)(c) of the Defence Act, 2002 by reason of their unfitness for their duties or inability to carry those duties out efficiently. Those representations are to be filed by no later than 5 November 2015.

  2. We are of the view that your reliance on the said provision is misplaced since the meaning of the word “unfitness” used in section 59(2)(c) is clearly restricted to unfitness caused by a physical or psychiatric condition. However, we accept that you hold a view different to ours in this regard.

  3. In order to resolve what we view as a difference in the interpretation of a statutory enactment, we envisage approaching the North Gauteng High Court for appropriate declaratory and interdictory relief, and shall launch such an application by no later than 6 November 2015.

  4. With a view to protecting of the interests of our clients identified in the annexure hereto, we seek a written undertaking that the process initiated by you with a view to effecting the discharge of the said members in terms of section 59(2)(c) of the Defence Act, 2002 will be held in abeyance pending the final outcome of the application referred to in the preceding paragraph.

  5. Should you be unwilling to furnish the above undertaking we shall be compelled to approach the same Court on an urgent basis for interim relief pending the said application. We shall also advise our clients not to make representations as such an act would compromise their rights in a subsequent trial in terms of the Military Discipline Code.

  6. Because of the time-constraints imposed by you in the letters to our clients identified in the annexure hereto we seek the assurance referred to in paragraph 4 above by no later than close of business on Monday, 2 November 2015, failing which we shall assume that you are unwilling to furnish such an assurance.


We await your urgent reply.

Yours faithfully

 

VAN ZYL LE ROUX INC
Rohan Coetzee
Direct telephone number:  0124359339
Direct fax number: 0867322270
E-mail: rohan@vzlr.co.za

 

Download the letter here.

 


BREAKING NEWS: NEW AND EXISTING SANDU MEMBERS CAN NOW PAY MEMBERSHIP FEES VIA DEBIT ORDER FROM YOUR BANK ACCOUNT!

SANDU is proud to bring the soldiers of the SANDF a new membership initiative! All members, including those wanting to join South Africa's biggest Military Trade Union SANDU, can now pay membership fees BY DEBIT ORDER!

The fees are broken down as follows:

R26 administration fee (once off).

R85 pm thereafter.

Benefits of joining SANDU and paying membership fees via debit order are as follows:

  1. Your membership deductions are taken from your bank account and no longer from your salary via the SANDF.
  2. You become an exclusive Soldiers Legal Guard (SLG) members. This benefit covers the legal costs and expenses of all SANDU members, should you require a lawyer to represent you in litigation proceedings.
  3. As a SANDU member you now have the benefit of professional, countrywide, debt negotiators who will restructure affordable lower payments to your creditors, leaving you with enough money to pay for your everyday essential living expenses. No more aggressive phone calls from credit departments, no more lost income due to unlawful Emolument Attachment Orders (garnishing orders). No more sleepless nights wondering what will happen to your family when you are not there. This means you will become financially independent the smart way and earn the respect of others. Our highly trained professionals will help you manage your creditors and plan your future. You can enjoy the full protection of the law within 5 working days after a short consultation with our experienced and accredited professionals.

Please note that, along with the SANDU Debit Order form, a SANDU Membership application form MUST be filled in by new SANDU applicants.

Current SANDU members may now switch to the debit order system by indicating at the bottom of the debit order form that they wish to do so.

Membership application and debit order forms can be downloaded here.

DONT DELAY! JOIN SANDU TODAY! THERE ARE SO MANY WAYS WE CAN HELP YOU!