MEDIA STATEMENT BY THE SOUTH AFRICAN NATIONAL DEFENCE UNION IN REACTION TO SANDF FINANCIAL CONSTRAINTS TO ADMINISTER MILITARY COURTS

Pretoria, 14 March 2014

SANDU has requested the SANDF to explain why 32 soldiers, charged with mutiny in relation to the incident at the Union Buildings on 26 August 2009, have for the past year been denied a trial date for their charges to be heard in a military court.

On 10 March 2014 the military prosecuting authorities responded, as per the attached letter, informing SANDU that 'due to a lack of resources and manpower constraints, we cannot proceed with two such trials simultaneously'.

This response embodies the shocking admission by the SANDF that it has neither the resources nor the manpower to effectively manage and administer its military justice system. The latter is the backbone of a disciplined military force and ensures that dicsplinary infractions are dealt with swiftly and effectively, so as to install discipline and deter would-be military offenders. Failure to properly administer and ensure military justice not only undermines military discipline, but it also robs soldiers, as accused, of their constitutional right to a speedy trial. 

The allegation of mass mutiny against soldiers represents the most important military trial post 1994, while soldiers, so accused, have had to remain on special leave with full pay for the past 4 years. Now this matter is even further delayed because of bad management and administration by the SANDF. 

SANDU has already warned the SANDF that failure to provide a speedy trial for the implicated members would be challenged in a court of law which could lead to an order directing the SANDF to either announce and commence with the military trial, or withdraw all charges and recall these soldiers to duty.

Text of the letter from the SANDF to SANDU's attorneys, March 10 2014:

Statement issued by JG Greeff, SANDU national secretary, March 13 2014

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