Lagging justice system makes SANDF bleed R25-million
A reply to a parliamentary question from the Democratic Alliance (DA) has revealed 19 cases where military personnel have been on suspension for two years or more awaiting the conclusion of their cases by judicial authorities - at a cost to the Defence Force of approximately R25-million. Clearly, South Africa's slow-moving civilian and military justice systems are damaging the SANDF and costing it enormous resources which are desperately needed elsewhere.
Of the 19 cases, 11 are being conducted within the civilian court system. The longest suspensions are in the cases of three senior officers accused in the Boeremag trial, who have been on paid suspension for almost seven years. That trial has been long and complicated. Perhaps less forgivable is the suspension of another senior officer for six years and nine months on fraud charges, in a case that has cost around R6-million in salary payments to the officer while he has been suspended.
The military justice system is no less culpable, with eight cases where personnel have been on paid suspension awaiting the conclusion of proceedings.
The suspended officers face charges ranging from rape to armed robbery, culpable homicide, theft and arson.
Using the SANDF's standard rank and salary bands as a guide, the salaries paid to the nineteen soldiers during their suspensions would have amounted to nearly R25 million. That excludes the costs of having to pay other personnel to perform their functions.
The Minister of Defence needs to take a personal interest in ensuring cases are concluded faster by the military justice system. She also needs to put pressure on her cabinet colleagues to fix South Africa's shambolic courts. The SANDF cannot continue bleeding money because the justice system is not up to scratch.
Below find the detailed case information as supplied.
|
NAME |
REASON FOR SUSPENSION |
DATE WEF |
REMARKS |
ESTIMATED TOTAL SALARY PAYOUT AS OF 1 JULY 2009* |
|
Col M.A. Burger - SA Army |
High Treason. Accused in "Boeremag Trial". |
9/10/02 |
Awaiting Civ Court proceedings (Boeremag Trial). Awaiting decision on possible admin discharge. |
R6 MILLION |
|
Col M.D. Kungwane - SA Army |
Fraud. Submission of false demobilization claims to the amount of R380 000. |
3/11/02 |
Awaiting Civ Court proceedings. Last court appearance 25 May 09. Case postponed to 30 Jun 09. |
R6 MILLION |
|
Maj J. Olivier - SA Army |
High Treason. Accused in "Boeremag Trial". |
9/10/02 |
Awaiting Civ Court proceedings and decision on pos-sible admin dis-charge. |
R2.7 MILLION |
|
Maj P.G. van Deventer - SA Army |
High Treason. Accused in "Boeremag Trial". |
9/10/02 |
Awaiting Civ Court proceedings & decision on possible admin discharge. |
R2.7 MILLION |
|
SSgt R.N. Legodi - SA Army |
Theft of Mil Equipment. (Engine parts and technical equipment) |
30/12/04 |
Awaiting Civ Court proceedings. |
R500 000 |
|
SSgt M.N. Ndlhalane - SA Army |
Theft of Mil Equipment. (Engine parts and technical equipment) |
30/12/04 |
Awaiting Civ Court proceedings. |
R500 000 |
|
FSgt S. Qububana - SAAF |
Rape. (Allegedly raped a fellow member) |
26/01/07 |
Awaiting Civ Court proceedings. Last appearance 8 Jun 09 - case post-poned to 25 Jun 09. |
R170 000 |
|
PO B. Mbolekwa - SAN |
Armed Robbery, Possession of Unlicenced Firearm & Vehicle Theft in Wynberg. |
03/11/04 |
Charges withdrawn 10/2/09. Submis-sion for canc not approved by C SANDF. Awaits C Navy recommendation. |
R740 000 |
|
Cpl P.M. Ditshego - SA Army |
Theft of Mil Equipment. (Engine parts and technical equipment) |
30/12/04 |
Awaiting Civ Court proceedings. |
R500 000 |
|
LS L. Leibrandt - SAN |
Arson. Set FOC Simon's Town office alight. An alleged accomplice died during the incident. |
04/06/04 |
Convicted on 3/12/ 07 and sentenced to 8 yrs imprison-ment. Awaiting Civ appeal - date to be determined. Admin discharge awaited. |
R336 000 |
|
Cpl M.J. Lethoko - SA Army |
Theft of Mil Property (320L of petrol from School of Armour). |
28/05/07 |
Awaiting Mil Court proceedings. Last appearance 30 Jan 09. Case post-poned to an yet undetermined date, due to transfer of Mil Judge. |
R345 000 |
|
Cpl B.J. Madonsela - SA Army |
Theft of Mil Equip-ment. (Engine parts) |
30/12/04 |
Awaiting Civ Court proceedings. |
R500 000 |
|
AB F.J. Alexander - SAN |
Rape. (Involving a fellow female member of SAS Protea) |
02/02/04 |
Convicted. Awai-ting C Navy feedback on appeal application |
R430 000 |
|
Tpr M.S. Marutha - SA Army |
Theft of Mil Property (320L of petrol from School of Armour). |
28/05/07 |
Awaiting Mil Court proceedings. Last appearance 30 Jan 09. Case post-poned to an yet undetermined date, due to transfer of Mil Judge. |
Unknown |
|
LCpl B.S. Mngomezulu - SA Army |
Armed Robbery, Possession of Unlicenced Firearm. |
18/10/04 |
Case temporarily withdrawn. Cancellation of Suspension submitted, but A/C SANDF instructed Admin Discharge. Awaiting discharge process |
R370 000 |
|
Amn S.I. Mngadi - SAAF |
Attempted Murder, Arson & Damage to State Property. |
15/01/07 |
Awaiting Mil Court proceedings. Last feedback from CAF on 25 Jun 09. |
R170 000 |
|
Pte M.T. Mvambi - SA Army |
Armed Robbery, Possession of Unlicenced Firearm. |
18/10/04 |
Case temporarily withdrawn. Awaits C Army/ CMPA recommendation for withdrawal of suspension. |
R330 000 |
|
Pte R. Malema - SA Army |
Armed Robbery, Possession of Unlicenced Firearm. |
18/10/04 |
Case temporarily withdrawn. Awaits C Army recommendation for withdrawal. |
R330 000 |
|
Brig Gen N.A.M. Nobanda -HR DIV |
Culpable Homicide. Convicted of shooting a civilian. |
30/08/07 |
Awaiting Civ Court appeal proceedings. Date yet to be determined. |
R1.1 MILLION |
*Calculated using 2008 rank and salary bands
Statement issued by James Lorimer MP, Democratic Alliance deputy shadow minister of defence, July 19 2009
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