Mon séjour en Afrique du Sud (Cape Town)

Soldiers live and work in a culture of their own, different from the normal private sector employer and employee relationship, the Supreme Court of Appeal heard on Monday.

The court was hearing argument in three appeal cases between the military trade union Sandu (SA National Defence Union), and the SA National Defence Force about the labour rights of soldiers.

"The South African Defence Force is an all-voluntary force and if (one is) accepted, all are subject to the provisions of the (military) regulations," said Pieter Pauw, counsel for the defence force.

"They submit to the regime of the South African National Defence Force."

The appeal cases are about three applications brought before the Pretoria High Court by Sandu. The SANDF, as the respondent, was successful in one case, but not the other two.

Pauw submitted that soldiers were in essence workers who have a right to join a union, but it must be accepted that they function in a different culture.

"Collective bargaining is very difficult in the defence force," he told the court.

He submitted that unions could have some power subject, depending on the matters in dispute.

"You cannot have consensus on all aspects, as you cannot bargain collectively on matters like training programs and staffing policy. You (the defence force) cannot be obliged to reach consensus."

Pauw submitted that if there was a duty on the defence force to bargain, this would have a huge negative effect on the proper running and discipline of the military.

He submitted that although the Constitution recognises the rights of workers, "the Constitution does not impose a duty to bargain."

He said that any country moved onto dangerous ground when it allowed its soldiers to take part in public protest.

"You cannot have an organised defence force where members protest."

The Bloemfontein court has set aside three days for the appeals.