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Man acquitted of rape should still be in SANDF's employ, rules ConCourt

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“The member would no longer have a criminal record and no purpose would be served by continuing to subject such a member to the penal provisions of the section.”

However, his appeal succeeded and both conviction and sentence were set aside in February 2015.

Maswanganyi turned to the high court, which ordered his reinstatement to the SANDF with salary and benefits.Judge of appeal Stevan Majiedt said last year that once Maswanganyi was sentenced to life imprisonment, his service in the SANDF was terminated by operation of law in terms of the Defence Act.In a unanimous judgment, justice Zukisa Tshiqi said the words “conviction” and “sentence” in the act must be interpreted to refer to valid and final convictions where there is no appeal.

Source: Law Daily Report (lawdailyreport.net)

 

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