Former soldier Teaspoon Maswanganyi took the Minister of Defence and Military Veterans Nosiviwe Mapisa-Nqakula to court to challenge his dismissal. But despite winning his appeal, the SANDF refused to reinstate him. Last month, in a unanimous decision, the judges of the apex court ruled in his favour again.
But when he requested that the SANDF reinstate him, he was told to submit an application for his re-employment, which he did but all to no avail. Phasha said section 59 of the Defence Act provided “a short cut to the department of defence or the SANDF to dismiss members without observing the requirements of disciplinary hearings and observing fair military labour procedures, like conducting disciplinary hearings, and appeal procedures”.
Mvithi, who worked for the air force, is one of his clients who came through advocate Zondeka Makonde’s organisation, the African Law Project.
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