Two recent court findings in favour of organised military labour, in the form of the SA National Defence Union (Sandu), can be said in layman’s language to be a bloody nose for the Department of Defence (DoD) specifically its Legal Services Division.
In the first, the Arcadia, Pretoria headquartered trade union took up cudgels on behalf of artisans in uniform. Although not stated as such by Sandu, the majority of artisans in the DoD/SA National Defence Force (SANDF) are on the personnel strength of the Works Formation.
The second win was in favour of SA Air Force (SAAF) personnel mustered as firefighters after the withdrawal of their technical competency-based financial incentive pay (TCIP).
The first week of March saw, as per a Sandu advisory, the High Court (presumably North Gauteng in Pretoria, although not specified) determine “the original judgement” in favour of named defendants mustered as artisans remained valid. This after DoD/SANDF legal representation sought to have it withdrawn.
Effectively, the ruling means the “employer” – in this instance named as the SANDF – has to restore and pay technical allowances dating back to April 2023 to national defence force artisans excluded in terms of changes to what is called a military dispensation (MD) affecting their specific mustering. The Sandu involvement goes back to 2024 when it took up the matter on behalf of 16 military artisans. All told the dispensation change, termed a policy decision, affects 900 artisans in the Works Formation.
On the firefighters’ TCIP allowances the DoD legal team sought to have it put on hold pending a court decision on the MD policy change, taken up by Sandu on behalf of Works Formation artisans. This didn’t happen with the court ruling in favour of the artisans implying allowances for SAAF firefighters have to be reinstated as well. On the firefighters issue Sandu has it the case will proceed as an opposed one with the DoD given until 18 March to file an answering affidavit in the contempt case brought by the trade union.
The “excuse” the DoD made – as regards the artisan issue – according to Sandu “falls away” with what was termed the “correct facts the DoD relied on rejected by the court”. The military labour organisation is taking legal advice on what’s next and will use its social media presence to update affected union members. Sandu has it the trade union’s attorneys will “immediately demand” the court order be complied with and the artisans paid what is due to them.
