Cape Town - Economic Freedom Fighter (EFF) University of Western Cape (UWC) student activist, Aseza Mayaphi,20, appeared in the Bellville Magistrates Court on Thursday morning for illegally wearing an SA National Defence Force (SANDF) uniform.
Mayaphi, a third year law student was arrested on Tuesday and released on a warning after he appeared on TV for wearing a jacket that is a part of the constitutional armed forces uniform without authorisation.
The case was postponed to March 28, for further investigation and for Mayaphi to get a lawyer.
According to the Provincial EFF chairman, Melikhaya Xego, the SANDF should be focussing on the distribution of military combat uniform instead of sending young boys with potential to prison.
“So many people are wearing military combat uniform, the SANDF should be worried about the distribution of these uniforms. Could it be that previous military personnel are not returning the uniform as they should? How can a civilian end up with important security garments?
“By arresting this young man they are making a creating a storm from a tea cup. Young men with potential should not be treated such as criminals,” he said.
Xego said SANDF should have confiscated the uniform only.
SANDF previously explained that the uniform should only be used by those in the military service.
"The SANDF uniforms and related items are registered for use solely by regular force, reserve force and honorary members of the SANDF in execution of their duties as stipulated in the SA Constitution and civilians/non-members of the country’s military are prohibited by law to wear such uniforms," SANDF spokesperson Brig Gen Mafi Mgobozi had said.
The Defence Act 42 of 2002, Section 104 (5) and (6) stipulates that: “Any person who, without authority, possesses or wears prescribed uniforms distinctive marks or crests, or performs any prohibited act while wearing such uniform or with such uniform, distinctive marks or crests, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years.”
It further continues to state that: “Any person who, without authority, uses or is responsible for the use of any name, title or any other symbol of the Department, where such use is calculated or likely to lead people to infer that it has been authorised under this Act, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years.”
Mgobozi added that in the spirit of the preservation of the integrity of the SANDF and ensuring that no ill-intended persons violate the security of the people of South Africa, all residents are urged to report all sightings of illegal wearing of the military uniform to law enforcement officials - who will act and apprehend such persons.
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