The 2009 Union Buildings protest march by soldiers remains on hold in the courts with a Tuesday appearance leading only to a postponement.
The SA National Defence Union (Sandu) has championed the cause of over 600 claims by soldiers seeking damages from Minister Angie Motshekga’s Department of Defence (DoD). It notes while no court decision or judgement was expected from the Pretoria Magistrates’ Court this week, a postponement was granted seemingly in regard to a technical objection raised by the DoD legal team.
Of events in court the military labour organisation said the SA National Defence Force (SANDF) did not argue any facts of the case, instead raising a technical objection. “They [SANDF legal team] argued our [Sandu’s] amendment to court paper is not allowed in law and the case should therefore be dismissed. Opposing, the Sandu legal team put it to the presiding magistrate that the trade union’s amendment is legally allowed and the case should continue.
Tuesday’s appearance, Sandu said ahead of it taking place, was not going to hear any testimony with no outcome or judgement expected – it is the start of a trial. “Once judgement is delivered the parties will decide whether to settle the remaining claims or continue with further court proceedings,” the Pretoria headquartered military labour union said.
It and the 600 plus damage claimants along with a DoD appointed legal team now have to wait until 28 April for a magisterial ruling on the legal arguments, presented and still to come. Part of this is expected to be whether the matter can or will proceed to trial – a normal part of court hearings according to Sandu which notes further “legal issues are often decided before evidence is heard”.
The damages claims date from injuries suffered during the march which turned violent when out-of-uniform soldiers were apparently shot at with rubber bullets and set on by police wielding batons in the ill-fated August 2009 march.
An estimated 2 000 soldiers, all apparently Sandu members, were part of an illegal march from Loftus Versfeld to the administrative seat of the South African government with reports of vandalism and damage to property. Between 1 300 and 1 500 SANDF personnel were identified as participants and faced internal disciplinary hearings and Military Court appearances. At one stage then Defence and Military Veterans Minister Lindiwe Sisulu called for all military personnel involved in the march to be dismissed, which did not happen.
In the wake of Tuesday’s non-event, Sandu told those it is representing the trade union “remains confident and prepared”.
