URGENT APPLICATION BY SASFU TO INTERDICT THE REGISTRAR OF MILITARY TRADE UNIONS: PRETORIA HIGH COURT JUDGEMENT
On Friday, 25 March 2011, The South African Security Forces Union -SASFU brought an Urgent Application in the North Gauteng High Court in Pretoria to interdict the Registrar of Military Trade Unions, Mr JT Crouse from deregistering SASFU. SASFU contended that the Registrar's decision was irregular and not rooted on correct information and true facts about the Union. Concerned about the effect and consequences of the Registrar's decision, SASFU brought an application for an Urgent Interdict.
The Pretoria High Court ruled that there was no urgency as SASFU is still legally allowed to continue as a Military Trade Union and can continue operating within the SANDF with the full protection of the law. The matter was therefore dismissed on a technical point of the law around urgency - It is incorrect and misleading for the Ministry of Defence and the SANDF to suggest that The Pretoria High Court has deregistered SASFU or that the matter was dealt with on its merit.
On the contrary,and except for the dismal on a technical point, the Judgement itself favoured SASFU with the Judge confirming SASFU's right to remain and continue as a military trade union. It is untrue that the Department of Defence has stopped all deduction and SASFU Union subscriptions from the Department's payroll. Fortunately we are a Constitutional democracy and a country of laws where the rights of a Military Trade Union like SASFU are fully protected.
URGENT APPLICATION BY SASFU TO INTERDICT THE REGISTRAR OF MILITARY TRADE UNIONS: PRETORIA HIGH COURT JUDGEMENT
The SANDF has no authority to stop our membership subscription and they should refrain from this Disinformation campaign. We think it is irresponsible for an important organ of State such as the Department of Defence (DoD) to deliberately misquote and misconstrue a High Court judgement simply to score a cheap political point in line with their stated goal of doing away with trade unions.
We will formally write to the Department seeking clarity on their Media Statement before assessing our options in taking action and protecting the integrity of the Union. Their statement reflects contempt to the rule of law and in particular questions the wisdom of the Constitutional Court in allowing Military Trade Unions.
It is also a matter of grave concern that the DoD would publicly ignore the Independence of the Registrar by urging him to also deregister SANDU. With statements like these, one can only wonder if political pressure is not being unduly exerted on the Office of the Registrar to do away with Military trade unions via administrative processes as it is currently legally and constitutionally "impossible" for the DoD itself to ban Unions.
The SANDF is not better without unions
The ministry of defence claims that the SANDF is a better environment since they stopped all engagements with unions. That is not true. In fact the situation has become worse. The ministry must tell us why they have reversed all transformation gains that were there before they took over. In the SA Navy alone, there was at least one black Chief Director but he has since been removed and all Chief Directors in the SA Navy are white. By that we mean the Chief Naval Staff, Chief Director Maritime Strategy as well as the Flag Officer Fleet. Military Courts are used brutally against former members of Umkhonto Wesizwe. Female members that get pregnant during their period in the Military Skills Development Program are expelled in violation of the SA Constitution.
We believe that Military Unions are going nowhere and we confirm during this month of human rights that soldiers rights are human rights.
Statement issued by Bhekinkosi Mvovo, SASFU president, March 27 2011
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