Arrest warrants issued for top SANDF members

[Pirate]

I think you have an appropriate level of cynicism.

Hey, perhaps this sets a precedent for your case against CFR :-)

:-P

[P35]

All members of the South African National Defence Force are subject to the Military Discipline Code and the jurisdiction of the military courts.

For serious offences, SANDF members are tried in a Court of a Military Judge or a Court of a Senior Military Judge.

Certain offenses (murder, rape, treason, culpable homicide, crimes against humanity and war crimes) may only be tried in the ordinary civilian courts.

Appeals from the military courts are to the Court of Military Appeals, which consists of a civilian judge or magistrate (or in some cases three civilian judges), a legally-trained military officer, and another officer with command experience.

Rulings on this court may be taken on review to the civilian High Court (and subsequently to the Supreme Court of Appeal and Constitutional Court) only on the grounds of procedural unfairness or constitutional invalidity.

[Tayls]

If this is true... arrest them, I say.

The rules of the law need to prevail or there will be total anarchy!

[HadEnuf]

I'm with SH and Paul on this one. I'll believe it when I see it. I responded as such to certain Defence Union people on twatter and they seem to think the arrests really will happen.

Why would they bother about arrest warrants issued in their names ? Number 1 doesn't care that he has stolen R250 million (that we know about) from the coffers for personal gain. Why should anyone be accountable for anything ? Untouchables ?

[Castos]

Like HadEnuf says "they are untouchable" and can do what they want. They get away with "murder" in the SANDF and make rules and regulations to protect their cronies. I know of one person who had his criminal record and criminal cases cleared so that he can be promoted at a later stage to General.

[malcolmm]

All members of the South African National Defence Force are subject to the Military Discipline Code and the jurisdiction of the military courts.

Absolutely true. But it seems that unionisation of the armed forces have turned cases such as this one into civil matters. It appears that these members were on what was known and probably still is known as STS and MTS contracts. The Department is under no obligation to renew anyone's contracts whether they are qualified or not, and in this case the Department may very well have good reason not to (we don't have all the facts, perhaps these members didn't have clean conduct sheets). IMO the tragedy isn't that these Military officials failed to execute a court order but instead, the tragedy is that unionisation has contributed to the armed forces turning into a circus.

[JS4]

...(we don't have all the facts...)

Errrr... there is a link to the original court order and the contempt of court applications on EWN - just follow the link in the OP.

[P35]

http://www.pod702.co.za/Eyewitnessne...rt%20Order.pdf

See page 3.

The arrest warrant is for this civilian, the Secretary of Defense. He's not a soldier anymore, he was once a medic but took a civilian post at the Secretariat of Defence.




He does not fall under the MDC. Can't be hard to find him either.

[malcolmm]

Errrr... there is a link to the original court order and the contempt of court applications on EWN - just follow the link in the OP.

Johan, read my post carefully. We don't have all the facts as to why their contracts were not renewed. My post isn't about the competencies or lack thereof about the officials for whom arrest warrants were issued. My post is about how unionising the DOD has fucked it up. Abuse of power or competency or lack thereof of officials is another matter. At the end of the day, there are people serving in the organisation who just don't belong there and the unions are ensuring that they remain in service.

[P35]

you dont need those reasons - a court judge has already made the call against the Secretary of Defense.

SecDef didn't comply with the judge's decision. And the judge wasn't asking the party to comply - he ordered it.