Media statement by the south african national defence union on the reviewing a ruling today by the military court in the union building case

Pretoria 10 October 2013,
Sandu HQ. 

The military trial of 145 SANDU members accused of offences at the Union Buildings in August 2009 resumed on 7 October 2013. Union appointed lawyers filed a motion to have the court 

1. Order the prosecution to furnish the Accused's legal team with further particulars on the charges ( as is the right of every accuse person in SA) 

2. Upon such providing of particulars, grant a reasonable postponement in order for the defence team to consult with the accused a on the particulars provided, 

3. Find that there is misjoinder of the accused in forcing 2 sets of accused who face completely different and unrelated charges to attend one trial. Today the military judge dismissed all three motions save to order the prosecution to amend the charge sheets of AWOL accused to reflect the start and end times of the alleged absence. 

In view of the finding against the motion, SANDU now has no other choice but to approach the High Court on an urgent basis to stay proceedings pending a review of the finding by the military judge. 

At stake is the right to a fair trial which includes the Constitutional right to proper information for preparation of defence and the right not to be subjected to unfair proceedings. SANDU is not going to allow soldiers to be trailed in a military court without them being afforded the same Constitutional rights as any other accused in SA. 

Statement issued by JG Greeff, SANDU: National Secretary, October 10 2013

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