Govt fights court ruling on soldier dismissals

A request for leave to appeal an order in the North Gauteng High Court in Pretoria that stops more than 1 000 soldiers from being fired was lodged on Wednesday, the Department of Defence said.

“The Department of Defence has lodged a request for leave to appeal the December 1 2010 judgement by Justice [Cynthia] Pretorius of the North Gauteng High court,” spokesperson Siphiwe Dlamini said,

“… Simultaneously [the department] has brought an application under Rule 42 of the Uniform Rules requesting that the court rescind or vary ‘an order or judgement in which there is an ambiguity, or a patent error or omission, but only to the extent of such ambiguity, error or omission’.”

He said the department was confident that the high court or the appellate courts would “vindicate its positions in regard to the very important issues of national security and the constitutional obligation to ensure that the defence force must be structured and managed as a disciplined military force.

“This is our non-delegable duty and we intend to carry it out to the fullest extent.

“We will not countenance a repetition of the disgraceful conduct of the few soldiers who behaved contrary to the code of conduct of the South African National Defence Force. Instilling strict discipline and weeding out acts of ill-discipline from the ranks of our military is a task that must be done.”

Pretorius on December 1 granted an order declaring the termination of the soldiers’ employment unlawful and unconstitutional.

This follows an illegal march in August last year by soldiers wanting to hand a memorandum to the Presidency. The march got out of hand when some of the soldiers apparently stormed the Union Buildings and police opened fire on the marchers. — Sapa

These are unprecedented times, and the role of media to tell and record the story of South Africa as it develops is more important than ever. But it comes at a cost. Advertisers are cancelling campaigns, and our live events have come to an abrupt halt. Our income has been slashed.

The Mail & Guardian is a proud news publisher with roots stretching back 35 years. We’ve survived thanks to the support of our readers, we will need you to help us get through this.

To help us ensure another 35 future years of fiercely independent journalism, please subscribe.


Ayo report: CFO acted in the PIC’s interests

A disciplinary inquiry has cleared Matshepo More of all charges, but she remains suspended

A lifeline for the homeless people in eThekwini

eThekwini plans to retain permanent and safe open spaces for people with nowhere to sleep

Judge trashes entire lockdown regime as constitutionally flawed

The high court ruling will delight gatvol South Africans but is unlikely to stand the test of time

The backlogs, denials and future of testing Covid-19

The National Health Laboratory Services finally admitted to a bottleneck last week, after denying there were any issues since April. According to the service, the backlog of 80 000 tests started in the first week of May

press releases

Loading latest Press Releases…

The best local and international journalism

handpicked and in your inbox every weekday