He argued the requirements were biased, groundless and oppressive.
Johannesburg - A soldier has failed to get court to strike down military requirements that members should complete 25m of freestyle swimming before qualifying to become physical training instructors.
Strike Dzumba wanted the rule dropped on grounds of discrimination.
He argued the requirements were biased, groundless and oppressive.
He launched an application at the North Gauteng High Court, Pretoria, after failing the 25m swimming component of the SANDF physical training instructor course.
Dzumba’s internal complaint was dismissed as lacking substance.
He escalated it to the Military Ombud, which also ruled against him.
Acting Judge J Cochrane had another look on the matter and delivered judgment this week.
Dzumba told the court that there were other army members allowed to pass the 25m swimming assessment despite being unable to swim.
The SANDF replied that the cohort of members Dzumba referred to in passed the 25m swimming assessment, but failed the more strenuous swimming activities.
It said that although these members were accredited physical training instructors, they would not be used in water exercises.
Furthermore, their accreditation was conditional on the grounds that they passed the more strenuous swimming assessments within 12 months.
Judge Cochrane found that there was rationality in the swimming assessment requirements, saying: “The purpose of the assessment criteria, which are applicable to all arms of the military and every member who needs to be a physical training instructor in the SANDF, is to ensure that the best candidates become physical training instructors as they are instrumental in producing competent and combat-ready soldiers.”
The judge, dismissing Dzumba’s application with legal costs, said: “In light of the very legitimate purpose of these assessment criteria, applied consistently and equally to all the SANDF members, I am of the view that the differentiation does not amount to unfair discrimination.”
The Star