The Department of Defence has been vindicated by the outcome of the appeal with regard to disciplinary measures against some members of the South African National Defence Force who marched to the Union Buildings on 26 August 2009.
A full bench of the Supreme Court of Appeals (SCA) unanimously granted by the North Gauteng High Court in favour of the South African National Defence Union (SANDU).
The interdict had in effect prevented the Chief of South African National Defence Force (SANDF) from executing his constitutional duty of maintaining a disciplined force as stipulated in the Constitution of the Republic of South Africa.
The SANDF is expected by the Constitution to be structured and managed as disciplined military force. In this regard the SANDF will ensure that it lives up to the expectation and standards of a professional and disciplined force. Therefore any breach of military professionalism and discipline will not be tolerated in SANDF.
The SANDF and the Military Command are charged with the responsibility to ensure that the SANDF is structured and managed as a disciplined military force. This responsibility does not include other structures except command structures of the SANDF. This has been confirmed by the SCA.
The SANDF is currently proceeding with the necessary arrangements required to deal with those members who are implicated on 26 August 2009 incident at the Union Buildings.
