The government is mulling banning trade unions in the defence force, despite a court ruling confirming the right of soldiers to unionise, government spokesperson Themba Maseko said on Thursday.
”No final concrete decision has been taken, but it is becoming increasingly clear the government is gravitating more towards saying there should not be unionisation in the military. But it is something the minister is still exploring.”
Maseko said the government was aware that a ruling in the North Gauteng High Court on Wednesday had acknowledged the right of soldiers to belong to a union and would have to bear this in mind.
”Obviously the government is aware that there is a court ruling that defence force members are entitled to form their union. It is something government is going to have to consider.”
He was briefing reporters on Cabinet’s fortnightly meeting held on Wednesday.
Maseko said Cabinet had reiterated its full support for Defence Minister Lindiwe Sisulu’s decision to fire more than 1 300 soldiers for taking part in last month’s illegal, violent protest at the Union Buildings, though the court ruling put the dismissal on hold following an application from the South African National Defence Union (Sandu).
”Although the minister of defence and military veterans will abide by the decision of the court, the government still believes that the soldiers who participated in the violent and illegal march must account for their actions.
”They broke the law in a number of respects.”
These included ”undermining national security by marching and attempting to invade the Union Buildings”.
Cabinet acknowledged that the soldiers, who marched on the seat of government on August 26 in demand of better pay, had genuine grievances and approved a proposal to establish a commission to advise Sisulu on service conditions in the military, Maseko said.
The National Defence Force Service Commission would consist of experts from civil society, academia and business, who would be appointed by Sisulu ”as soon as possible”.
”In doing its work, the commission will conduct interviews with members of the military, conduct research and embark on international benchmarking exercises to ensure that the conditions of service are broadly in line with international best practice.”
The government’s statement on banning defence force trade unions comes after Sisulu said this week, in response to a question from the Inkatha Freedom Party, that it had perhaps been a mistake to allow soldiers to unionise.
In the meanwhile, the Congress of South African Trade Unions has hailed the court ruling as a victory for workers’ rights for recognising the right of soldiers to unionise.
”This is a victory for human rights and the South African Constitution, whose clause 23[2] clearly spells out that ‘every worker has the right to form and join a trade union’,” said spokesperson Patrick Craven in a statement.
He said employees within the defence force had the right to join unions, like all public servants.
”They are workers in uniform whose jobs include defending our democracy.
”The minister of defence and military veterans must learn the lessons of South African history. Apartheid governments repeatedly tried to thwart efforts to unionise the whole of the public sector, but were forced to retreat.” — Sapa