A GROUP of former SA National Defence Force (SANDF) soldiers must be paid back their salaries after they were fired for allegedly mutinying in the Democratic Republic of Congo almost a decade ago.
The soldiers – all 34 of them – were regular members and were accused of mutineering, but they maintained they only broke curfew.
The SA National Defence Union (Sandu) claimed the soldiers only broke a curfew.
A North Gauteng High Court ruling stated that the SANDF soldiers, who were at the time of their administrative discharge, employed under Military Skills Development System (MSDS), to the extent that they have not received compensation, for the period commencing on the date of their administrative discharge to the date upon which their MSDS contracts would have expired.
The high court also ordered that all payments that may be due under its order shall be made relevant 30 days of the ruling, subject to each relevant applicant providing copies of their certified identity documents and confirmation of banking details to the Defence Legal Services Division.
”The amounts which may be due to the Core Service System (CSS) and MSDS members shall be agreed upon between the parties within 30 calendar days of having furnished the required documents mentioned in paragraph 3.3 above, failing which such amounts shall be determined summarily on the written presentations of the parties by an arbiter chosen by them or, in the absence of agreement, appointed by the chair for the time being of the Pretoria Bar,” reads the ruling.
In its fight against the defence force Sandu explained that the difference between the MSDS contract, where members are enlisted within the SANDF only for the purpose of receiving military skills for a period of two years (and no further contracts given to them unless so selected through the contracts selection boards by their respective arms of service) and the CSS were contracts awarded to members for a short or a mid-term contract for a period of 1 to 10 years after having served as MSDS members.
The amounts which may be due to the CSS and MSDS members shall be agreed upon between the parties within 30 calendar days of having furnished the required documents, failing which such amounts shall be determined summarily on the written presentations of the parties by an arbiter chosen by them or, in the absence of agreement, appointed by the chair for the time being of the Pretoria Bar.