PG 3 PG 4 PG 6 PG 7 - South African National Defence Union WINS UNION BUILDING CASE LIVE THE OFFICIAL NEWSPAPER OF THE SOUTH ... Sisulu announced the mass dismissal ... This is the

1South African National Defence Union | |www.sandu.co.za | 012 323 6465/6

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SANDU WINS UNION BUILDING CASE

L I VETHE OFFICIAL NEWSPAPER OF THE SOUTH AFRICAN NATIONAL DEFENCE UNION - DECEMBER 2012

Forward March!

SPECIAL LEAVE MEMBERS:WHAT NOW?

SANDU WINS UNION BUILDING CASE

THE TALE OF A STINKING RAT AND COCKROACHES

SANDU HAS OPENED AN OFFICE IN SIMON’S TOWN

SPECIAL LEAVE MEMBERS:WHAT NOW?

SOLDIERS UNLAWFULLY ARRESTED

THE TALE OF THE STINKINGRAT AND COCKROACHES

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SANDU HEAD OFFICE

Directly after the events at the Union Buildings on 26 August 2009, which saw police violently dispersing soldiers with rubber bullets and teargas, former Defence Minister Sisulu announced the mass dismissal of more than a thousand SANDF members for their alleged participation in what she termed an unlawful protest.

This resulted in a three year long court battle between SANDU and the Department which ended in August 2012 with the Supreme Court of Appeal finding that the dismissals

of the soldiers were unlawful and that the Department had to pay all legal costs of SANDU.

In the run-up to the Appeals Court the matter was in the High Court three times.

ROUND 1

Sept 2009, SANDU secures a temporary court order which prevents the Department from firing the members based on letters of dismissal pending the court making a final finding on the lawfulness of the dismissal letters.

ROUND 2

December 2010, SANDU wins a High Court order which states that the letters of dismissal are unconstitutional and that, pending SANDU referring a dispute on the attempted dismissals, the Department was prevented from dismissing members in any similar way (i.e. other than by a proper hearing). ...Continue on Page 2

“Who else than SANDU will protect members against

abuse of power and unfair labour practises?”

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ROUND 3

Feb 2011, the Department asks for permission to appeal this finding of the High Court. The Department is hell bent on trying to prove that it is lawful to fire soldiers by merely issuing them with letters of dismissal. The High Court refused the Department permission to appeal.

The Department then decided to take the matter to the Appeals Court to obtain permission to appeal and consider the lawfulness of the Department’s actions. For the next 18 months the Department dug its trenches in filing hundreds of pages of court papers trying to prove that in democratic South Africa it is acceptable to fire employees by simply writing them a letter.

With three weeks to go before the hearing of the case in the Appeals Court, the Ministry of Defence announced that the Department was withdrawing its appeal regarding the lawfulness of the dismissal letters. This meant that the Department was finally accepting and admitting that the letters of dismissal was unlawful and unconstitutional.

“...there is no such thing as a preliminary dismissal, one is either dismissed or one is not”.

In hearing the matter in August 2012 the Appeals Court noted that the Department’s climb down and said regarding the dismissal letters: “there is no such thing as a preliminary dismissal, one is either dismissed or one is not”.

The Court also ripped into the Department for the fact that they waited an entire 18 months only to withdraw their appeal at the very last minute thereby wasting time and money. The court said: “this is not the way litigation should be conducted”. The court further remarked that the Department had wasted time in which it could have acted against the affected members in a different way, for instance charging them in military court.

It needs to be mentioned that during the High Court phase of this case, the Department was using three different sets of private attorneys at the same time to fight the same case. At one stage SANDU’s legal team of three was up against 10 private lawyers for the Department. Of course all these private lawyers were paid from the Departmental budget to fight a case which in any event had no chance of success from the start.

The one fact that no one can ever deny, is that if it had not been for SANDU fighting for the members of the Union Buildings, over a thousand members would have been unfairly dismissed with no resources to take action against the Department. This case proves that unionism in the SANDF is absolutely essential. Who else will protect SANDF members against abuse of power and unfair labour practises?

SANDU will now demand that whichever individual or members of whatever management body made the decision to so-called preliminarily dismiss our members be identified, charged and prosecuted in terms of the Public Finance Management Act for causing fruitless and wasteful expenditure.

PRIDE AND FOOLISHNESS

The cost of the Department’s pride and foolishness in this matter has been almost R300m in salaries and an estimated R8m in legal costs to members sitting at home on special leave where as they could have been gainfully and productively employed.

The only thing achieved by the Department in this scandalous venture was to boost the case for unionising the SANDF as the only effective protection available to members of the armed forces.

SANDU WINS UNION BUILDING CASE (CONTINUED FROM PAGE 1)

Pikkie Greeff, National Secretary SANDU

Welcome to the new look edition of SANDU’s monthly newsletter – SANDU hopes that this publication will be informative to all serving members of the SANDF as well as to all who read it.

Our promise to you as the reader is that everything published in these pages is factually accurate. No spinning,

no sugar coating. Only the naked truth. The vision is that this newsletter will be the most reliable source of information on issues affecting members of the SANDF. Also this newsletter will run concurrently with SANDU’s new website creating a real time updated access to soldiers’ issues.

SANDU has been accused of all kinds of things and branded in a lot of negative ways over the past 3 years, an exploit in which the SANDF management has had quite a hand. There continues to be elements which either attempt to hide their sheer incompetence at dealing with soldiers’ issues properly or who simply don’t understand what military trade unionism is about. As long as there is ignorance and incompetence, SANDU will have enemies.

This union needs not apologise for its existence and work nor does it need to explain itself to anyone else than its membership. SANDU remains the only union for SANDF members, serving their interests and preserving their rights. This union runs on

SANDU LIVE!

From the office of the National Secretary

the fuel of integrity and moral accountability. If these principles mean that certain people in the SANDF get exposed for their dubious characters and sheer incompetence, then so be it. A highly motivated, professional and disciplined military can never exist in an environment polluted by dishonesty and mismanagement. Where SANDU finds it, we will expose it and we will root it out. To ignore it is unpatriotic and a disservice to our country.

Thousands of men and women in uniform serve their country with pride despite often desperately poor working conditions, mediocre salaries and unfair management practises. To those members we open our doors and we invite you to join this union in order to promote principles of discipline and professionalism in the SANDF as envisaged in the Constitution.

The choice is yours. Continue to complain in the passages and tearooms, on the bus and the train or even in the shebeen or be the change that you want to see. Fearlessly be the discipline, the motivation and moral voice of not only yourself but of your co – service men and women. Be it through SANDU. The only ones who will brand you are the ones who will fear your integrity for they stand to be exposed for their inadequacies if you persist in your honest endeavours to be the soldier which the Constitution envisaged – as set out in the words of constitutional court judge Albie Sacks:

“a blindly obedient soldier represents a greater threat to

the Constitutional order and the peace of the realm, than one who regards him or herself as a citizen in uniform, sensitive to his or her

responsibilities and rights under the Constitution”.

EMAIL/FAX YOUR LETTERS TO:Fax: (012) 323-7767

or Email: [email protected]

MEMBERS SUE DEPARTMENT FOR MILLIONS!

SANDU HEAD OFFICE

Following the ill-conceived letters of dismissal by the Sisulu cabal, 975 members of SANDU, with the help of their union has taken legal action against the Department, suing it for a combined total of R975m in damages for smearing the good name and reputation of the affected members.

Members are outraged at the fact that the dismissal letters addressed to them shortly after the Union Buildings incident, accused them of shaming the nation, mutiny and criminality. These accusations were stated as a fact

without any evidence to back it. It was signed by the then Chief of the SANDF and addressed and distributed to each of the affected members personally through the chain of command to unit level.This case will be in court by 2013 unless the Department acts sensibly and offers the members affected an apology and settlement.

Clearly the Department got more than it bargained for when it decided to act against SANDU members in a way that had more to do with political grandstanding than sound legal motives.

This is the biggest law suit ever in South Africa against a public service department by its own employees.

This is the biggest law suit ever in South Africa against a public service department by its own employees.



From the Desk of SANDU’s Chief Legal AdvisorPROMOTIONS

ULASA investigated and enquired to the functional promotion of one of our members since January 2008.

The member was remunerated as a Chief Professional Nurse on salary level 8 at the time of the implementation of the OSD and subsequently translated to a Professional Nurse Grade 2.

He was however promoted to the functional rank of Assistant Director 1st leg wef 1 May 2007 but the translation to the OSD was not corrected to an Operational Manager Grade 1/PN-A5.

An administrative delay resulted in his military promotion wef 1 October 2007 instead of 1 February 2007.

As a result of our member’s detailed grievance and our dedication towards the matter the SANDF submitted satisfactory feedback on this issue vide response on 14 March 2011 where they confirmed that the member’s promotion was amended wef 1 February 2007 and the translation to the OSD was rectified wef 1 July 2007.

PLACEMENT

Refusal to place a senior SSgt (SANDU member) in a vacant WO2 post in Northern Cape led to ULASA’s intervention and inquiry into the matter.

We discovered that our member was enquiring to the issue since January 2009, but to no avail. He exhausted the Channels of Command and did not receive any logical or reasonable explanation to his denial of a WO2 post.

The SANDF placed and promoted a junior member into the said post without considering the following:

• Our member is more senior in rank than SSgt X.• Our member is qualified for the position whereas the

incumbent’s (SSgt X) did not fit the post profile.• Our member was supernumary to the said structure.• Our member performed the duties of the post in question

for more than a year.

• The new incumbent’s (SSgt X) transfer resulted in a financial implication towards the SANDF whereas our member’s placement would have negated the above.

• The post in question was still occupied by the previous incumbent at the time of placing SSgt X.

Taking the aforementioned into consideration we requested reasons for not following the rules of natural justice and obvious unfair labour practices.

On 14 December 2009, we received feedback that our member was placed in a WO2 post, at the same unit he served, and authority was granted for his promotion to WO2 wef 1 January 2010.

MSDS

In Polokwane, a serious slip-up occurred when the SANDF refused to terminate a MSDS member’s contract in December 2010 as the HR Officer reasoned that he should continue serving until the HQ authorized such termination.

On 28 April 2011, our member was instructed to clear out on 29 April 2011, without receiving remuneration for the four months serving.

We assisted the member in lodging a grievance which resulted in the SANDF authorizing payment from 1 January 2011 to 29 April 2011.

IMPORTANT NOTICE

You are advised to exhaust the internal remedies (Channels of Command within the SANDF) to assure positive outcomes. You have the responsibility to submit statements / letters enquiring into any Labour Related issues via the normal Channel of Command. If you experience any failure to satisfactory feedback we recommend your submission and registration (allocation of a Grievance ID number) of an Individual Grievance DIRECTLY at your unit personnel officer (without any recommendations from your section head / supervisor or Coy Commander). SANDU will assist you in drafting such statements/letters.

Ninety percent of SANDU Members’ labour related issues

were successfully resolved, without taking any legal action, because the aggrieved members submitted grievances in terms of regulation 3 of the Individual Grievance Regulations, as contained in the Government Gazette 33334 dated 30 June 2010, with the assistance of SANDU.

SANDU knows the details regarding the grievance process and is in constant contact with the DOD Grievance Information Desk at (012) 355 5555.

Individual Grievances are completed on the Grievance From (part 1) – Appendix A – 1 to CD HR SD&P/DLSR/R/104/29/4/1 dated 8 July 2010, with which SANDU experts will assist you.

The grievance process addresses any labour related issues from unit level to the level of the Minister of Defence. Only after such process has been followed and it is found that unfairness still applies, ULASA will further assist you.

The Individual Grievance Procedure requires feedback to an issue within the following time frames:

a. Unit (level 4) - 30 working days. b. Formation / Career Manager (level 3) and Chief of

Service (level 2) - 30 working days.c. C SANDF (level 1) and Minster of Defence (level 0) – 30

working days.

A Grievance Committee and / or Board will submit a written response to your grievance and if you are not satisfied with such response or the applicable level failed to respond, you have the responsibility to request referral of the matter, with all the supporting documents, to the next level WITHIN 5 DAYS UPON RECEIPT of such written feedback. Again SANDU will assist you in this regard.

It should be noted that any grievance submitted after 90 days of such act or omission should include an authorised Application for Condonation. Such applications can be completed at the HR Office and forwarded to the Grievance Board for final approval, please let SANDU assist you in this.

The DOD Grievance Information Desk number is:Tel: (012) 355 5555, Fax: (012) 355 5333.

SPECIAL LEAVE MEMBERS: WHAT NOW?

SANDU will make all possible efforts to get these members recalled to work and have their special leave status cancelled. SANDU HEAD OFFICE

In December 2012 over 1000 SANDF members were placed on special leave with pay and benefits pending the finalising of the court battle between SANDU and the Department over the lawfulness of the dismissal letters issued to them in 2009.

Some 975 SANDU members were affected by this issue. In the letter ordering them on special leave the C SANDF stated clearly that the members are not to return to their work places until the C SANDF personally instructs each one of them in writing to return.

The C SANDF also stated in the instruction that it was in the best interest of the SANDF that these members go on special leave pending the finalisation of the court case concerning their dismissal. As indicated in our lead story in this issue, the court case has been finalised. However, the C SANDF seems in no hurry to recall the special leave members to work.

At time of publishing this story the members have no indication as to when they will be recalled and what is being planned in this regard. No one in the SANDF can give any indication as to what exactly the reason is that these members are still on special leave.

SANDU will make all possible efforts to get these members recalled to work and have their special leave status cancelled.

In the meantime during the last two weeks of August 2012 the SANDF attempted to get special leave members to report to their bases and units in order to be charged under the Military Disciplinary Code (MDC) for charges relating to their alleged part in the Union Buildings event of 2009. These attempts were made in a failed operation named OPS FLIKKER. Attempts were made to locate the more than 1000 members at their home addresses, with minimal results. The Department discovered that due to its own haste in sending people on special leave and bad administration regarding forwarding addresses, they could only locate about a third of all members sent on special leave.

Many of the members they managed to locate were either not home at the time of the SANDF’s visits and received too late word of the desire for them to report or found it impossible to report on such short notices. Many more had changed addresses or could simply not be located at all.

Some members indeed reported to their units and were charged relating to the union building incident with disobeying lawful commands, public violence, illegal gathering, AWOL and conduct to the prejudice of military discipline. Some members reported later than originally told (due to reasons explained earlier) and they were charged with the same charges as the others but in addition got extra charges for reporting late.

Those SANDU members who were charged are already represented by a lawyer appointed for them by SANDU. All members charged were sent away on further special leave. Some were promised that if they report, they would start working again. This of course was a lie aimed at tricking the members in order to charge them.

So after all is told, two categories of special leave members now exist: Those who reported and were charged and those who did not report and have not been charged. The question is, why is the latter group still on special leave and when will they be recalled?

SANDU is working on this issue and will keep you updated.



SANDU HEAD OFFICE

On the evening of 14 September 2012 the households of three soldiers from 21 SAI Bn were invaded in orchestrated raids by members of the Military Police stationed at Lenz and Thaba Tshwane, seemingly designed to intimidate them in a game of political squabble between the government and Mr Julius Malema.

The children of one of the soldiers were held at gunpoint and assaulted by Military Police while their father was arrested. The three soldiers were arrested on arrest warrants signed by Maj Gen Yam, GOC SA Infantry Formation.

The soldiers were informed that the reason for their arrest was contraventions of the Defence Act which relate to incitement and were connected to their alleged attendance of a meeting held earlier that week in Lenasia between certain soldiers and Mr Julius Malema.

The members detained at the Military Police cells in Thaba Tshwane the same night. SANDU immediately dispatched its legal team to the cells the following morning.

The legal team was at first denied access to the SANDU members notwithstanding the fact that every detained person has the right to see his or her legal representative. After 5 hours the legal team finally forced the authorities to provide access to our members after threatening with a High Court

MEDIA STATEMENT :WEDNESDAY, 12 SEPTEMBER 2012

Malemato meetsoldiersin Lenasia

Pikkie Greeff, National Secretary: SANDU

SANDU has taken note of the meeting scheduled between Mr Malema and members of the SANDF at Lenasia today (Wednesday, 12 September 2012) as well as the reaction thereto by the Department of Defence.

SANDU is not in the least surprised at the fact that such an event is occurring since a dangerous environment has for some time been created within the SANDF in which soldiers’ legitimate concerns, problems and grievances have simply been criminally ignored or at the very best viewed as nothing more than an inconvenient nuisance and at worst dismissed as unpatriotic.

Since and despite the events of August 2009 at the Union Buildings rather than conditions in the military being improved they have even further deteriorated to unacceptable levels.

With former Defence Minister Sisulu at the helm, soldiers who dared to raise concerns were persecuted with a vengeance, threatened with unfair dismissals, branded as traitors, mutineers and criminals.

Until today 1300 soldiers currently remain on so called special leave as some kind of vengeful punishment for their raising legitimate concerns after being maliciously and through shameless plundering of state resources subjected to years long court battles.

The only questionable achievement in the past 3 years have been a diluted attempt at bringing on par the salaries of soldiers with the rest of the Public Service – an attempt which benefitted the minority of soldiers and which today sees Senior Management Members in the ranks of Brigadier general and higher, at almost R1m per year, on average earning the same as their international counterparts where as the ordinary soldier earns between 10 to 20 times less compared to their international counterparts.

Conditions and the general treatment of ordinary members of the SANDF have deteriorated in this environment of oppression and dictatorship, where respect for the rights of members or their most basic humanity is nonexistent.

A case in point is the tragic occurrence 2 weeks ago in Oudtshoorn military base where one young soldier was driven by humiliation to commit suicide and another soldier

convicted without trial at a parade by the Officer Commanding and sentenced to dehumanizing humiliation. Their only crime being that they were in long term personal relationship.

The best reaction the SANDF generals could conjure was to assemble the entire base and berate all soldiers for ill discipline whilst praising the Officer Commanding for his questionable actions. Until today the SANDF generals refuse to acknowledge the fact that incident resulted in an anonymous letter circulating in the base that the discontent of the soldiers were threatening to result in the killing of the Officer Commanding.

In the midst of this dictatorial environment, a relentless campaign has been pursued to deny both the Constitutional imperative and the Constitutional court directive allowing military trade unions as an important institution to address effectively the concerns of soldiers.

Every possible obstruction has been placed upon soldiers to prevent them from using the trade union as an avenue of redress, to the extent of even persecuting members for belonging to unions, refusing unions meetings with its members, refusing unions access to the workplace and representation of its members by union officials, refusing to engage with unions or to even acknowledge their existence.

Instead attempts have been made to substitute unions with management’s delusional institutions such as the Service Commission and Military Ombudsman which soldiers view as an insult and an affront to their intelligence. This malignant environment is the legacy of Sisulu which unfortunately seemed to be carrying the wholehearted support of President Zuma, the Commander in Chief.

To this day the same Commander in Chief has not lifted a finger to address dire situation of soldiers nor even taken the time to visit their bases in order to listen to their problems, concerns and frustrations.

It is little wonder there for that some soldiers would rather trust Mr. Malema to at least listen to their concerns rather than trust their own Commander in Chief, the President.

This entire situation calls for decisive leadership that is devoid of any threats and intimidation as reaction to real needs and concerns.

SOLDIERS UNLAWFULLY ARRESTED IN

POLITICAL GAME

Mr Julius Malema

interdict to gain access to them.

ILLEGAL ARRESTS

Upon consultation and reading of the arrest warrants it became clear that the arrest warrants were null and void as it referred to sections in the Defence Act which do not exist. The arrests were clearly illegal. Whilst in custody the Intelligence Division of the SANDF also dispatched agents to the cells to interrogate our members. However, our members insisted on their right to remain silent.

On 17 September 2012 the members were supposed to appear in military court by 4pm, which according to law was the 48 hour deadline by which the members had to appear in court in order to decide on their release or further detention.

Notwithstanding the law, the members were only brought to military court by 5pm. The prosecutor for the State informed the court that the members were being held for attending unlawful gatherings. This surprising claim by the State comes in the wake of the fact that the detained members did not attend any illegal gathering.

Even if they had been at the gathering addressed by Mr Malema, the latter was not an unlawful gathering as it took place in a private facility for which no permission is needed from authorities. Of course the claim of illegal gathering also contradicts the initial reasons given for the 3’s arrest ie incitement.

After SANDU’s legal team pointed out the flaws in the arrest warrants and the fact that the members were already being held unlawfully beyond the 48 hour deadline, the court ordered their immediate release and remanded the case to a later date for further investigation.

The 3 members, with the assistance of SANDU are now in the process of pressing charges against the Military Police and Maj Gen Yam for kidnapping.

Pikkie Greeff, National Secretary of SANDU, said “the legal definition of kidnapping is the unlawful and intentional depriving of a person’s personal liberty and freedom of movement. If a person is detained on a worthless warrant and is kept in custody due to such warrant and further detained beyond the Constitutionally prescribed 48 hours, then in all likelihood the crime of kidnapping has been committed. At the very least enough evidence exists then to open a case at the SAPS.”

TRAUMATISED CHILDREN

Pte Mamonyane’s wife has also opened a case of assault and pointing of firearms against the Military Police for injuring her 14 year old daughter and pointing her 2 year old son with an R4 rifle during their father’s dramatic arrest.

In addition SANDU will assist the members in instituting a civil claim against the Department of Defence for unlawful arrest and detention which will in all likelihood amount to a damages claim of more than R1million.

A week after the arrest and detention the SANDF in a statement to the City Press explained the arrest of the members as unrelated to Julius Malema addressing soldiers. The Defence spokesperson astoundingly said that the members were arrested because they failed to report to their units when ordered to do so in August 2012.

In reaction to this claim, Greeff said that the 3 members had already been charged and had already appeared in court on those charges three weeks prior to the September 14 arrest. “How do you arrest someone for charges which he has already appeared on in a court?”

VICTIMISED SOLDIERSAccording to SANDU the SANDF’s complete failure and contradictions to explain the arrest indicates a tactic solely aimed at intimidating the members for being suspected of attending a meeting at which Mr Malema spoke and forms part of a political squabble between political rivals which the 3 soldiers, who did nothing unlawful, are now the victims.



OPEN LETTER TO DA’S SHADOW MINISTER FOR DEFENCE AND

MILITARY VETERANSA recent media statement by Mr David Maynier the DA’s Shadow Minister of Defence and Military Veterans forces me to respond in an open letter. The following appears in the statement:

“Julius Malema is playing a very dangerous game with the SANDF”

David Maynier, Shadow Minister of Defence and Military Veterans

12 September 2012

The Minister of Defence and Military Veterans, Nosiviwe Mapisa-Nqakula, is absolutely correct to take a hard line against Julius Malema’s planned address to soldiers outside the Doornkop/Lenz military base in Gauteng.

The fact is that Julius Malema is playing a very dangerous game by trying to exploit poor service conditions in the defence force in his political battles ahead of the ANC’s 2012 Elective Conference.

We must not forget that service conditions at the Doornkop/Lenz military base were described by the National Defence Force Service Commission as “slum-like” and that the base was the epicentre of the violent protest by soldiers at the Union Buildings in 2009.

We cannot allow Julius Malema to undermine the constitutional imperative that the defence force remains a disciplined military force that is politically non-partisan.

Any soldiers who attend the meeting addressed by Julius Malema must be disciplined by the Defence Force in terms of the military disciplinary code.”

(http://www.da.org.za/newsroom.htm?action=view-news-item&id=11303” )

Dear Mr David Maynier (Shadow Minister For Defence AND Military Veterans, DA)

My Name Is Tim Flack, I am an ex soldier (I recently resigned), I am 25 years old and I am an official for the South African National Defence Union (SANDU).

I have read your statement regarding the soldiers who were visited by Mr Julius Malema, I wasn’t going to respond but upon recently reading it again, I reconsidered.

I must say that I am utterly shocked and disappointed at your statement. I’ll address each issue as they appear in your statement:

“The fact is that Julius Malema is playing a very dangerous game by trying to exploit poor service conditions in the defence force in his political battles ahead of the ANC’s 2012 Elective Conference.”

As the Shadow Minister ..... FOR Defence AND Military Veterans, you obviously know or at least ought to know that the situation regarding Service conditions in the SANDF is bad to the point of being appalling. It was always going to be a question of time before someone took advantage of that. Instead of making this a “political” card, why aren’t you doing anything about it? (Mr Malema, in political Limbo currently is not the issue here), however the following is:

I have never seen you addressing this issue of service conditions, I have only ever seen you soldiering on with the Arms Deal, the MTN issue, the “Sub Nose Dive” and your Comical and Dramatic rendition of the “Pink Slippered Colonel”. So instead of pushing the blame onto Mr Malema, shouldn’t you be asking WHY did Malema see a gap to address soldiers and more importantly what role have you played in stopping the gap? Or is it a question of the best critic is always on the couch?

“We must not forget that service conditions at the Doornkop/Lenz military base were described by the National Defence Force Service Commission as “slum-like”

Indeed that is what the Service Commission termed Lenz. The real issue is what did this so called Commission achieved? Absolutely nothing. In fact until today almost 2 years after its interim establishment it still has not been finally appointed or staffed. I never see you ever asking about this fact. The very Service Commission you seek to rely on is nothing but a fake prop set up by the Department to make it seem to the public that something is being done.

“....the base (Lenz) was the epicentre of the violent

protest by soldiers at the Union Buildings in 2009.”

Epicenter - really? So it all went down there at Lenz? Firstly, the union buildings case has nothing to do with Mr Malema’s visit to the soldiers. As for Violence, I remember seeing SAPS shooting soldiers at point blank range, and that they (the soldiers) were “locked in” without escape, so the only way out, was over the fences. Neither the Union Buildings nor SAPS were attacked... the latter in fact were doing the attacking.

“We cannot allow Julius Malema to undermine the constitutional imperative that the defence force remains a disciplined military force that is politically non-partisan.”

Last time I checked Julius Malema was expelled from the ANC and has no real political affiliation.Ok he might in the eyes of some be a real cracker. I fail to see how his addressing soldiers in any way undermines the Constitutional imperative you refer to unless you believe that Mr Malema holds such astounding sway over the soldiers of this country that they would follow him blindly no matter what he says. This Sir, would rather constitute an insult to all soldiers in South Africa. Is it your mandate to underestimate the intelligence of soldiers in this country? Is this declared DA policy?

However it is the next remark of yours which disappointed me the most, and just showed your “Clouded” vision to the extent that it would worry me if you are ever to be MOD in SA:

“Any soldiers who attend the meeting addressed by Julius Malema must be disciplined by the Defence Force in terms of the military disciplinary code”

You, Sir, of all people know for a fact that there is NOTHING in the SANDF’s Military Discipline Code, that the Defence Force can actually use to charge these soldiers with! Are you going to invent trumped up charges? Last time I checked Apartheid was over, so charging people for stupid trumped up charges aimed at charging someone for the mere sake of charging them, is in my mind an indication of a mentality inherited from your Old Navy days as a Lieutenant ( correct me please, or was it Sub-Lieutenant) coming through.

Soldiers in the SANDF, need I remind you, have Constitutional rights, and it seems you have either forgotten this or chose to ignore it. They are people, with kids and a spouse, white picket fences and a labrador, Citizens and volunteers, who, by the way also vote in elections.

Fact of the matter is, Mr Maynier and I’ll put it in a nutshell here:

1.) Soldiers have Constitutional rights (they are after all Citizens)

2.) One of these rights is Freedom of association.

3.) Mr Julius Malema IS NOT a member of any political party, he is a regular citizen of our beloved South Africa, and has a right to meet with whomever he sees fit (apartheid is over). EVEN IF HE WAS A MEMBER OF ANY PARTY HE WOULD STILL HAVE THE RIGHT TO MEET AND ADRESS SOLDIERS IN THEIR PRIVATE CAPACITY, SAME AS YOU WOULD HAVE THE RIGHT TO DO.

4.) The issue is not Julius Malema’s visiting soldiers, the real issue is WHY conditions exist which make soldiers willing to listen to him? I’ll tell you, I’m fresh out on civie street so I know the answer. Soldiers are sick and tired of a failed Grievance system, politically appointed 30+ Generals and admirals who don’t give a damn about them (also who earn fat salaries for doing the bare minimum), and an Ombudsman who was a General and really, to be brutally honest here, soldiers do not trust in the slightest.

They had and still do have every right to ATTEND ANY PUBLIC MEETING, as long as they are not wearing uniform, on duty or showing a political affiliation. It’s irrelevant with whom they meet.You have made the issue relevant to your own political squabbles against Mr Malema, and using the soldiers’ service conditions to score political points – it’s not on.

I wish you all the best in your career as Shadow Minister of Defence AND Military Veterans and hopefully with your current views you will remain just that – Shadow Minister.

Regards, Tim Flack

Ex Naval Military Practitioner, And official for the South African National Defence Union.

WEDNESDAY, 19 SEPTEMBER 2012

PEACEFUL PICKET AT OUDTSHOORN BASE

Pikkie Greeff, National Secretary: SANDU

SANDU has no other choice but to peacefully picket outside the military base in Oudtshoorn in reaction to the poor response by the Chief Army and Chief SANDF to the complaints concerns raised to it by this union concerning the dire management practices taking place in that base. As mentioned before several deaths of recruits and students have occurred at the base over the recent year, of which no investigations and outcomes thereof have been completed or made public.

The most recent suicide by a soldier at the base as well as the dehumanization of another being humiliated on parade by assault and verbal abuse by the Officer Commanding is but the tip of the iceberg.

The only reaction thus far has been for Chief SA Army to visit the base, condoning the questionable actions of the Officer Commanding and threatening the SANDF members stationed at the base with further steps should they not adapt to the current management style, whilst at the same time making veiled threats at union members and those whom complain to military unions.

This picket has the aim of highlighting to the public the injustices and unfair treatment of soldiers in the base and is in line with the union’s right to peaceful picket as provided for in relevant Regulations and the SA Constitution.

The picket will continue until Thursday, 20 September 2012.

SANDU has noted with concern the overreaction and panic by the Officer Commanding of the base in his attempts to threaten and intimidate the organizers of the picket with threats of military arrest and the fact that he has now confined every soldier under his command to the base. He has even taken the ridiculous step of unlawfully ordering all members at his base that they are prohibited from attending any SANDU meeting outside working hours and outside the military base. SANDU members will not adhere to these kinds of unlawful and intimidate intimidation orders given under the guise of military discipline. By issuing these illegal orders and clamping down with power abuse on constitutional rights SANDU’s complaints about the Oudtshoorn base is simply being justified.

SANDU calls on the Minister of Defence to urgently intervene in the continued management of the military base in Oudsthoorn.

SMS “LOAN” TO079 224 2788

LOA

NS



THE TALE OF A STINKING RAT AND COCKROACHESTim Flack, SANDU Official

On Sunday 16 September 2012, SANDU HQ deployed Comrades Charlton Boer and Tim Flack to the School of Infantry in Oudtshoorn to deal with issues that our members are facing at the base.

A dictator in action

On Monday morning 17 September, Comrade Boer and I went to the base to visit Col Nombewu, the Officer Commanding, who has been intimidating our members and has instilled a culture of fear amongst the ranks, basically acting like a dictator.

What followed makes an intresting read..

We were granted access to the base after following correct procedure we were escorted to the “Kremlin,” the HQ of the School of Infantry. Yes Comrades it is called “the Kremlin”.

We reported to Colonel’s secretary and informed her that we were SANDU officials and that we would like to see the Colonel. We were told to go in.

We walked in and the Colonel sharply asked us what we wanted. He refused to shake Comrade Boer’s hand.

We took our seats and Comrade Boer told him that it was a courtesy call to inform him about our presence in Oudtshoorn. A week before SANDU was informed of a formal dinner where a General called our National Secretary, Pikkie Greeff, a “stinking rat” and that if the rat and his cronies (the cockroaches) were to set foot in Oudtshoorn that we would “meet our match”.

Well Comrades, Comrade Boer then informed the Colonel that we were going to stage a picket outside the School’s gates. The Colonel was furious and had us thrown out of his office. He called us “clowns” and “cockroaches”. We were escorted out of the base by intelligence officer Maj Prince who is quite a character. It was evident that the Major doesn’t know his constitution very well because he informed us that if we picketed, we would be arrested.

Tuesday 18 September 2012, was used to prepare for the picket and mobilize members, and of course to see the “match” that we were promised.

There was a military vehicle driving up and down outside the base for most of the day. I had contacted the local police station commander to inform him of our picket. He had no problem whatsoever with what we were intending on doing the following day.

D-Day: Wednesday, 19 September

The day had arrived and by 8 o’clock our Comrades were standing outside the gates of the base.

Not long after we had started “all hell broke loose” as three police vans were sent to the scene. Military Police and even a riot control platoon arrived. Comrade Boer spoke to the police and they left us in peace. There were soldiers running around with rifles and radios, and intelligence gatherers

“The Kremlin”

standing taking pictures and writing down what was written on the posters we were holding.

We were informed that the base were to report every hour on the hour to the parade ground for roll call and at the first parade the officer of the day had told members on parade that if SANDU did not disperse that he would have us shot! Our favorite Col Nombewu had meanwhile run-off to Pretoria.

soon and, if need be, SANDU will be there every week to solve the problems that “our dear colonel” has caused. Comrade Greeff also asked members to never take the law into their own hands and said that SANDU will always be there to assist them.

Unscathed, uncompromised

And so the next day “the rat” and his “cockroach clowns” left Oudtshoorn without meeting their match, unscathed.

Base management was so panicky about the picket that it unnecessarily stopped all the classes at the base for the day.

The media was also present, gathering news and photos. An article subsequently appeared in the local newspaper the following day. It seems SANDU’s presence in Oudtshoorn had caused a stir and that the majority of the locals were in favour of SANDU’ actions, even calling for Col Nombewu’s removal.

SANDU’s National Secretary, Pikkie Greeff, also joined in and picketed with us.

We handed out fliers to soldiers who were passing. These fliers were however confiscated from the soldiers as the fliers informed soldiers of our planned meeting that was to be held that evening at the De Jager Sport Stadium where all soldiers were invited to hear Comrade Greeff’s address. The meeting that evening was a big success with Comrade Greeff assuring members that SANDU was there to help them with their problems. Also assuring them that membership will grow and that SANDU will be opening offices in Oudtshoorn

I would like to take this opportunity to thank Col Nombewu and his team for their hospitality and to thank them kindly for not shooting or arresting us.

Rest assured, there will be more on the “Infantry School Saga” in coming editions of SANDU live...

WHY DO I NEED TO BECOME A MEMBER OF A TRADE UNION?

“The Cockroaches in action”

“Media Report”

“SANDU’s National Secretary, Pikkie Greeff, also joined in on the fun and picketed with us.”

“Intelligence gatherers taking pictures”

KINDLY REMEMBER!

“IGNORANCE OF THE LAW IS NO EXCUSE”

• A Trade Union can ONLY function when it has the MANDATE of its PAID UP MEMBERS

• Only then can a Trade Union be the Voice of the masses - the representative of the workforce provided that it has the required number of members

• In a democratic Society the principal is MAJORITY RULES

• The Employer likes to “DIVIDE AND CONQUER”• The MAIN PURPOSE of a Trade Union is the

proverbial Watchdog to protect your JOB and all other benefits in the workplace

• I need the support of a collective group• A Trade Union provides the necessary protection • Kindly remember every member of society has

the freedom of association• No Employer can force you to give up your

membership• The Trade union is the representative of the

workforce provided that it has the required number of members

• Kindly further remember that the Trade Union can ONLY act on your behalf if you have committed yourself by means of your MEMBERSHIP FEES.

COME JOIN HANDS WITH SANDU FOR A

BETTER SANDF



SANDU VISITS THE HOME OF THE SA NAVY“THE PICTURE DOES NOT LOOK GOOD!”

Tim Flack, SANDU Official

On Monday 8 October 2012, SANDU HQ deployed me to Simon’s Town, the home of the South African Navy. The purpose of the visit was to inform the personnel of Simon’s Town of an exciting venture that SANDU is working on. You guessed it; we will be opening offices in Simon’s Town in the very near future, and it has been long over due, and a long time necessity. Having been in the South African Navy since 2007, I have insight into what exactly is going on. The picture I had and still have is not a very positive one.

The situation in Simon’s Town at first glance looked good. Major renovations had been occurring and were still in the process of being completed, the car park had a face lift and all seemed to look new and polished….. upon further inspection and asking the Seamen on the ground, the bright sparkly new face the Navy had put on soon turned out to be a front.

This brings me to my following point. I called together a meeting to discuss problems in the SA Navy and the meeting was a success, members present were all excited to hear of SANDU’s offices opening and agreed that it is about time someone stood up for them and assisted with problems.

Retaining Scarce Skills in the SA Navy is a HUGE problem as members are being trained up in scarce skills such as Combat officers, Technical ratings and officers, divers, submariners, musicians and Maritime Reaction Squadron. The picture does not look good I’m afraid, as these members are being trained up and inserted into the fleet where they are being treated badly, not promoted and the salaries they get are half that of which is paid outside in civie street. So what happens is the Navy is training them for free, they are working off their time, become fed up with a system that fails to look after them and they resign and find greener pastures. A sad reality, leaving the ships understaffed and the personnel onboard pulling to many watches and leaving them stressed.

Another alarming issue brought to my attention is the Navy’s incapacity in maintaining ships. I was told that something

as simple and necessary as toilets are blocked up, leaving a Corvette with 2 toilets for the whole ships company! It takes forever for the Navy to get these problems sorted out. A question asked why, if the Navy cannot afford to maintain its ships do they operate so many vessels? A worrying thought, as a joke was made about SAS Midas (Spioenkop) nicknamed “Midas “as it is used for spare parts for the other vessels! As long as I can remember I only saw SAS Spioenkop sail once!

The issue of drugs was also brought up and it seems that Tik is a big problem on board the ships, one Chief Petty Officer claiming “the biggest risk and thing I worry about is the sailors using tik on the ship, it’s a huge safety risk and one never knows what could happen, at sea people can die if someone is careless and using drugs”. Has this been reported? What are the MP’s doing about this?

Which leads me to our submarines, they are understaffed and frankly there isn’t enough people to man all three vessels at once, mind you, one vessel is still on syncro lift in the shed (still since 2007) and the other had an unfortunate accident involving a collision with the seabed! Leaving one left in the water. So again the defence force has wasted money, and will still waste money repairing these subs.

Problems occur of people being fully qualified and then battling to gain in rank. One member was fully qualified in his technical mustering and was left as a Leading Seaman for 10 years! He’s currently looking for another job.

Members complained about a strong political undercurrent in the South African Navy, which dictate that if you were previously an MK member “with connections” preference is shown to you and if you don’t “play nice” regarding certain things you are told that as long as Admiral so and so is in charge your career will go no where. Sad indeed.

I’m sure that once SANDU’s offices are open in Simon’s Town we will hear of many more problems plaguing the SA Navy. Our Sailors are unhappy, the SA Navy is implored to rectify this ASAP, SANDU is coming to Simon’s Town and we will tackle problems by any legal means possible,

ensuring our countries maritime integrity and moral, is one that will not be broken, and that the rights and interests of sailors are respected and promoted. Remember that by law the SAN and its personnel are allowed to be involved with and participate in the activities of a Military Trade Union, and that any threat or intimidation of our members will be dealt with. The following is taken from an article recently written by myself, I therefore implore you to read regarding the Law and Military Trade Unions (MTU’S)

“It has been brought to my attention that Military commanders are telling SANDF personnel that they are no longer allowed to join a military trade union. I would like to provide the following evidence to suggest otherwise. Section 23 of the Constitution “everyone has the right to fair labour practices”; every worker has a right “to form and join a trade union” and “to participate in the activities of a trade union” section 23(5) also states that every trade union organization has the right to engage in collective bargaining.

In 1999 in the case of the South African National Defence Union v Minister of Defence and Another, the Constitutional Court, Declared that provisions of the Defence Act that prohibited SANDF members from becoming members of a union, were found to be invalid.

Again in 2007 Justice O’ Reagan confirmed that members of the SANDF had every right to join and take part in public protests.

The restrictions set aside are as follows:

Soldiers are not allowed to strike.( NOTE: there is a difference between a strike and a protest march)

Soldiers cannot participate in Trade Union activities while taking part in military exorcises or in training.

MTU’s (military trade unions) are not allowed to affiliate to any political party or labour organization.

In terms of the General Regulations, Chapter XX a member f the SANDF may become a member of a military trade n 23 (2)(a) and (b) of the Constitution on an individual basis or collectively through a military trade union.”

Many are unaware of these facts and the fact that our own defence force does not know what appears in their own General Regulations and also what the Constitution of South Africa allows for, is disgusting!”

SANDF personnel are not animals! They are citizens of the country, and it is rather sad that the management of the SANDF do not treat them as such. It is a simple fact that as long as there are bad labour practices within the SANDF there will be a need for Military Trade Unions like SANDU. The more organisations and political parties want military trade unions scrapped the more we will fight to keep our soldiers free and allow them to practice their Constitutional rights in South Africa.

We look forward to seeing you all soon and to assisting you with any issues you may have.

SANDU HAS OPENED AN OFFICE

IN SIMON’S TOWN

SANDU HAS OPENED AN OFFICE

IN SIMON’S TOWN

South African National Defence UnionABC Building, 92 St George’s Street, Simon’s Town

Tel - 021 786 3191 ● Email - [email protected]

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[email protected] • 021 786 3191 • www.moneystareastlynne.co.za

ABC Building, 92 St. George’s Street, Simon’s Town

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