Five months short of 17 years ago, soldiers took to a major Pretoria arterial road in protest for better pay and service conditions, followed by disciplinary hearings and charges of mutiny, disobedience and destruction of property. Today, a lone soldier is due in the city Magistrates’ Court in an associated pre-trial hearing.
The court appearance, according to the SA National Defence Union (Sandu), of a single case out of over 600 claims against the Department of Defence (DoD) will decide what’s next – settling claims or more court appearances.
A Sandu advisory has it evidence will be presented in court on Tuesday 3 March with no outcome or judgement expected on day. “Once judgement is delivered the parties will decide whether to settle the remaining claims or continue with further court proceedings,” according to the military labour organisation which adds “this is the start of a trial” in accordance with a court instruction one of the over 600 claims for damages and dignity violations proceeds to trial.
Tuesday’s court appearance has its origins in an illegal protest march by an estimated 2 000 soldiers, all apparently Sandu members, on 26 August 2009. An application to the Tshwane Metro Police Department seeking permission for the march was withdrawn making the protest illegal. Marchers, who gathered in the vicinity of the Loftus Versfeld Stadium south of the Union Buildings, clashed with police on what was then Church Street, Arcadia (now Helen Joseph Street) when vandalism in the form of damage to property was observed.
In the wake of the protest between 1 300 and 1 500 SA National Defence Force (SANDF) personnel were identified as participants and charged with mutiny, disobedience and the destruction of property. Those identified faced internal disciplinary hearings as well as Military Court appearances. Then Defence and Military Veterans Minister Lindiwe Sisulu reportedly wanted to discharge all those who marched. This did not happen with many put on special leave to await disciplinary hearings and Military Court appearances.
Police using rubber bullets, tear gas and water cannons prevented marchers from climbing a Union Buildings perimeter security fence. An unidentified military vehicle was reportedly petrol bombed during the chaos and violence apparently brought on by police reaction to the march.
Apart from internal disciplinary hearings and Military Court appearances, Sandu has pursued the legal option via the civilian courts now resorting under Constitutional Development and Justice Minister Mmamoloko Kubayi.
