The constitutionality of military regulations guiding labour aspects were the main focus of an appeal hearing in Bloemfontein on Tuesday.
The Supreme Court of Appeal was hearing argument in three cases between Sandu (SA National Defence Union), and the SA National Defence Force about the labour rights of soldiers.
Among the regulations contested was the banning of union demonstrations, presenting of petitions and a military union’s right to affiliate with other union federations, and those preventing unions representing members during grievances and disciplinary proceedings.
Co-counsel for Sandu, Matthew Chaskalson, submitted these were among the core functions of a union.
Chaskalson submitted that whatever threat to discipline the defence force might see in regard to affiliation, as the defence force contended, was not founded.
”It’s not justifiable to ban this.”
On Tuesday various questions on the justification of a ”powerful body within the military outside of military command” was also raised by the bench in relation to affiliation. Concerns related to conflict of interest by soldiers when they were called by the president for duty during civil unrest situations, which could be supported by other trade federations.
Earlier, Chaskalson submitted that the ”pole of power” within the military was a misplaced concern.
Senior counsel for Sandu, Gilbert Marcus, also submitted that the military should not fear trade unions as they could play an important part in human resource management.
Marcus submitted that it was possible for unions to be part of aspects of deployment, legislation and budget issues.
”Soldiers’ union in the German army had reduced the time German soldiers spend on foreign deployment.”
He submitted the Constitution bound the state to follow good human resource practices.
”All organs of state have to lead by example. It’s our argument that in the context of this present matter the state is under a duty to bargain with a union.”
Marcus submitted further that the Bill of Rights also bound all state organs at all times when people’s rights were affected.
Referring to letters between the union and the defence force on labour matters in the present case, Marcus said the appeal court must also protect a trade union’s freedom of expression.
”One has to recognise in conflict relationships there must be a large measure of tolerance, even in the military,” he said — even in regard to abusive language.
The Bloemfontein court has set aside three days to hear the appeals.
Wednesday will be the final day. – Sapa