judgment on the matter of labour rights
31 May 2007
The Department of Defence has welcomed, the Constitutional Court judgment on
matters impacting upon Labour Rights in the South African National Defence
Force. The ruling issued by the Constitutional Court has significantly
facilitated the consolidation of the department's position regarding Labour
Rights. In the main, the judgment positively affirms the stance of the
department regarding the contested issues.
The department views the issue of political neutrality as being fundamental
to the ability of the South African National Defence Force to exercise its
constitutional mandate. It is pleasing to note that the Court has upheld the
importance of such neutrality.
Furthermore, the Court ruled that the South African National Defence Force
could justifiably limit union activities in instances where such activities
could interfere with the military's ability to exercise its obligation to
defend the country and its people. The department contends that this ruling is
pivotal to the maintenance of defence in a democracy, and to the engendering of
public confidence in the South African National Defence Force.
Sound leadership, good governance and the maintenance of order, discipline
and military professionalism are crucial to the engendering of public
confidence in defence. Important in this regard, is the ability of the Minister
of Defence to issue regulations pertinent to the Department's constitutional
mandate. It is to be noted that the Court ruled that the South African National
Defence Union (SANDU) is not entitled to demand that the South African National
Defence Force bargain over the content of such regulations. The maintenance of
good order and discipline in the South African National Defence Force is
further supported by the Court ruling imposing restraints upon the actions of
protesting, picketing and associated activities.
The affirmation by the Constitutional Court, of the principles of good order
and discipline, is welcomed. Without a disciplined military, regulated by a
Code of Conduct, loyal to the Constitution, ready to defend the country and its
people, and capable of supporting Government's efforts to help eradicate
conflicts in the region and on the continent; all the fruits of democracy will
be negated. The South African National Defence Force is South Africa's
insurance and its last line of defence.
Enquiries:
Sam Mkhwanazi
Cell: 083 628 0858
Issued by: Ministry of Defence
31 May 2007
