Johannesburg - The validity of the SANDF’s recruitment policy is set to be challenged in the high court.
The Limpopo-based Tebeila Institute of Leadership, Education, Governance and Training wants the court to declare the policy invalid and unconstitutional.
The court application seeks to challenge the defence force’s Military Skills Development System (MSDS), which it has been using to recruit employees.
MSDS was the entry level of the three-tier process the SANDF followed to recruit its staffers.
The other two phases were the Core Service System and the Senior Career System, according to its website.
Candidates must be aged between 18 and 22 if they hold only a Grade 12 certificate.
Graduates applying for specialist services such as divers, pilots and artisans have to be considered even if they are 26 years of age, according to the recruitment policy.
The Tebeila institute believes that the recruitment policy is unconstitutional because it discriminates against potential applicants based on their age.
The MSDS recruitment policy was used by all four units of the SANDF - the SA Navy, SA Army, SA Air Force and SA Military Health Services.
But the Tebeila institute cited the SA Navy and the Minister of Defence and Military Veterans, Nosiviwe Mapisa-Nqakula, as the only respondents in court papers.
Arguments by the applicant and respondent’s lawyers were scheduled to be heard in the Limpopo High Court on Wednesday.
However, Judge Khami Makhafola was not impressed with the quality of the papers filed by both sides, describing some of them as “a mess” that was certain to cause problems for him.
“I can’t start a case I don’t understand,” said the judge.
He said other papers omitted essential facts.
Judge Makhafola said, however, that the case appeared to be an interesting one.
“It is a good case to be presided (over) as it affects a lot of people,” he said.
Judge Makhafola then postponed the case to a date that was yet to be determined.
Advocate Terry Motau SC appeared for the ministry and advocate Shadrack Tebeila represented the Tebeila institute.
The Star