A Pretoria judge has ruled that a top military spy — fired for reasons so classified not even he knows why — must get his job back, the Pretoria News reported on Tuesday.
Colonel GJM Badenhorst was the head of covert information for West Africa in defence intelligence when he was fired in 2004.
This followed an incident involving the Department of Home Affairs that, in the eyes of his superiors, amounted to a breach of security.
When Badenhorst tried to find out why he had been dismissed, he was told the reasons were highly classified and could ”breach national security”.
He was part of the Special Acquisitions Directorate, responsible for sensitive operations such as the acquisition of secret information and material about the security intentions of other countries.
The incident involving Badenhorst in 2004 was discussed with him, the court heard. His superior was not satisfied with his explanation and terminated his services.
Badenhorst was told he could submit reasons as to why he should not be fired. Badenhorst’s union asked for reasons for his dismissal, but the South African National Defence Force (SANDF) said he was fully aware of the reasons.
Badenhorst, however, said he had not been informed and as a result could not fight his case.
The SANDF told the court: ”It is true that the applicant was not provided with the written reasons … but it is incorrect to say he is in the dark.
”The reasons for his dismissal are highly classified information … Defence intelligence feels that the disclosure thereof will breach national security.”
Judge Buddy Swart ordered in favour of Badenhorst.
The judge said it seemed the approach of the SANDF was to sweep its obligations of fairness ”under a carpet of secrecy”. He ordered the SANDF to restore Badenhorst with full rank and benefits from the date of his dismissal. — Sapa