Government mulls military trade union ban as SANDU scores court victory

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Government is mulling banning military trade unions, despite yesterday’s North Gauteng High Court ruling confirming the right of soldiers to unionise.

The normally government aligned Congress of SA Trade Unions (COSATU) called the decision a “victory for human rights and the South African constitution.”

Cabinet spokesman Themba Maseko says “no final concrete decision has been taken”.

Speaking at a briefing this morning regarding yesterday`s ordinary Cabinet meeting, he said “it is becoming increasingly clear government is gravitating more towards saying there should not be unionisation in the military. But it is something [defence and veterans minister Lindiwe Sisulu] is still exploring.”

Maseko said government was aware of yesterday`s High Court ruling that had acknowledged the right of soldiers to belong to a union and would have to bear this in mind.

“Obviously government is aware 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 said.

Maseko added that Cabinet fully backed Sisulu`s decision to dismiss 1420 soldiers, airmen and medics for taking part in last month`s illegal protest-cum-mutiny at the Union Buildings.

Cabinet expressed its “full support for the action taken by … Sisulu against the members of SANDU [SA National Defence Union],” Maseko said.

SANDU, SANDF meet in court

SANDU yesterday took Sisulu and the Chief of the SA National Defence Force, General Godfrey Ngwenya to court to stop the 1420 from being dismissed and to declare the procedure adopted in dismissal notices served on them unconstitutional.


The union, represented by Advocate Gilbert Marcus SC, sought a court order declaring the August 30 provisional dismissal notices, which gave their members just 10 days to supply reasons why they should not be dismissed, unlawful and unconstitutional.

The notices, novel in SA labour law, also placed the onus on soldiers to prove their innocence rather than on the military to prove their guilt.

SANDU said the procedure was “patently unfair and unlawful” because it denied its members an opportunity to be heard, was vague, was not allowed by law and breached the presumption of innocence.

The SANDF responded that the soldiers were given a chance to respond, albeit not orally.

The union also wanted the court to restrain the SANDF from dismissing the soldiers pending the finalisation of a dispute they intended referring to the Military Bargaining Council, or should it not be resolved, to the Military Arbitration Board.


In the alternative, SANDU wanted the court to declare the procedure adopted in the notice letter unlawful and unconstitutional.

According to the dismissal notice letters, soldiers who participated in the August 26 march engaged in criminal activities, threatened the security of the country and were guilty of mutiny.

SANDU national secretary Advocate Johannes “Pikkie” Greeff said in court papers their members had applied for leave so that they could take part in the August 26 march, but were denied leave in contravention of two previous court orders in the union’s favour.


Greeff says in his affidavit no one ever told their members the SANDF had been put on high alert until the City of Tshwane made an urgent application, with SANDF support, to ban the march just 30 minutes before it was scheduled to start.

He said about 3000 union members had already gathered at the city hall in Pretoria when the interdict was granted to declare the march illegal.

The SANDU official adds the soldiers were moved to the Union Buildings under police escort so that the interdict could be explained to them “and they therefore never took part in an illegal march.”

Greeff afterwards said ill-disciplined soldiers committing acts of violence should be identified and dealt with in accordance with the law.

“For this there is proper procedure. Those who are not guilty of any such acts should not be pursued on the basis of an irrational identification process.” 

“Yesterday`s outcome simply serves to emphasise the important role that unions have to play in the SANDF.

“Had an organisation like SANDU not approached the court yesterday, thousands of members would have been without jobs today without even having had the benefit of a fair hearing where evidence could have been tested and objectively considered,” Greeff said in an email to defenceWeb.  

“Mere allegations in a letter would have sufficed in securing their unemployment. Surely no democratically minded person could support such an injustice that flies in the face of our hard won Constitution.

“Keep in mind that up to today, the individuals whom set fire to the vehicle has not been identified or charged.

“It remains a contested version that there was a march at all, let alone an illegal one. Many of the recipients of the dismissal letters were not even near Pretoria the day in question, some being deployed, some on course and other simply on vacation leave.

“Despite the enormous grandstanding about the August 26 [events and] members allegedly having left their barracks without leave, not a single AWOL charge has been pressed nor do the dismissals even refer to it – proving exactly SANDU`s point: everyone was on leave and or under protection of a court order which prevented the employer from refusing them leave.

Court order

After several hours of negotiations SANDU and the military reached a settlement that was made an order of court in terms of which the respondents undertook not to dismiss any protesters pending the finalisation of the union’s urgent application.

In terms of the settlement, the SANDF may also not withdraw any of the soldiers’ benefits, but may “redeploy” them, provided they remain geographically in the same area.

This could include placing them on special leave on full pay.

The minister and CASANDF were given two months to file further papers in the application whereafter SANDU will be able to supplement its papers.


Cabinet reproof

Cabinet`s Maseko says although Sisulu will abide by the decision of the court, “government still believes the soldiers who participated in the violent and illegal march must account for their actions. They broke the law in a number of respects.”

This included “undermining national security by marching and attempting to invade the Union Buildings”.

He said further to this, the protesters had defied a High Court order which declared the alleged march illegal, failed to obey legal orders from the police during the march, were involved in vandalism and violence which led to the destruction of state and public property.

Maseko further added they had also defied orders of their commanders.

In addition, it is known that some marchers were armed with handguns, knobkerries and petrol bombs (Molotov cocktails).   

The executive did acknowledge that the troops had genuine grievances and approved a proposal to establish a National Defence Force Service Commission to advise Sisulu on service conditions in the military.

The commission will consist of experts from civil society, academia and business, who will 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 the conditions of service are broadly in line with international best practice.”

Meanwhile, COSATU 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`,” spokesman Patrick Craven said 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.”

Pic: SANDF riots in Pretoria