The Pretoria High Court has ordered the Department of Defence to reinstate technical allowances to artisans in the South African National Defence Force (SANDF) after 900 soldiers were deprived of these allowances following a policy change.
South African National Defence Union (SANDU) National Secretary Pikkie Greeff explained that the union took the matter to court on behalf of some of its members. On 26 November the High Court ordered all those deprived of their technical allowances by the policy change be placed in posts and given back pay with effect from 1 April 2023.
The court ordered these steps to be taken within 30 days. The Department of Defence – which did not oppose the application – was ordered to pay legal costs.
The first applicant in the matter was Moses Jabulani Zwane, a Petty Officer employed by the SANDF in KwaZulu-Natal (KZN). He was joined by 15 other SANDF artisans employed by Regimental Works Units across the country. All applicants received a technical allowance until 31 March 2023 when this was halted by the Department of Defence. Zwane and others filed multiple grievances but with no effect, prompting the legal route.
In its ruling, the court stated that the termination of the technical allowances is unlawful, as is the implementation of the Military Dispensation (MD) for Engineers and Related Professions in the Department of Defence dated 31 August 2021. This dispensation was supposed to halt the allowances in April 2022 but due to delays, this mean allowances were only stopped in March 2023.
“SANDU appreciates the courage and patience you as the affected members had as well as the faith you put in your union. Many thanks also to our great legal team. Justice is served. Congratulations all of you,” Greeff said following the judgement.
