Judge dismisses soldiers’ application

File photo: Leon Muller

File photo: Leon Muller

Published Oct 8, 2013

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Johannesburg - A military court dismissed an application to stop a case against 225 soldiers being charged over an illegal protest in Pretoria in 2009, Business Day reported on Tuesday.

Lawyers representing the soldiers had applied to Military Court judge Colonel Leonard Nxasana on Monday to have the case dismissed on the grounds of undue delays by the South African National Defence Force (SANDF).

The SANDF fired 1100 soldiers in 2009 after the protest at the Union Buildings, which included South African National Defence Union-affiliated soldiers, for higher wages. After an outcry, the SANDF was forced to investigate each soldier's case in line with disciplinary protocol.

In May, some soldiers had charges against them dropped due to insufficient evidence.

The parties argued that the court no longer had jurisdiction to hear the matter because the SANDF had not followed its own rules to speedily charge them within six months after SANDF chief General Solly Shoke had written to soldiers indicating the intention to dismiss them.

Prosecution leader Lieutenant-Colonel Dolphy Bopape said preliminary hearings to ascertain wrongdoing were conducted and charges were filed two months before the third anniversary of the incident. - Sapa

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