Mon séjour en Afrique du Sud (Cape Town)

The Minister of Defence, in his official capacity, has agreed to pay R30 000 to a former major in the army who said he had been falsely charged with defrauding the SANDF some 11 years ago.

James Moorcroft said in papers before the Pretoria High Court that he had been a professional soldier holding the rank of major and attached to the Infantry School, Oudtshoorn. He was later transferred to army headquarters in Pretoria and left the SANDF in 1998.

Moorcroft said that on November 6 1995, while he was still at the Infantry School, a member of the SANDF falsely charged him with fraud, alternatively theft.

It was claimed that he had defrauded the SANDF by claiming R3 901 for resettlement costs.

The army stated that Moorcroft on a previous occasion claimed this money and that he was not entitled to claim it again.

Moorcroft said if the army cared to investigate this “disinformation” it would have realised that he had in fact done nothing wrong. Instead, he said, the army went ahead with pressing charges without properly investigating the matter.

He was court-martialled at the request of the SANDF. The court martial proceedings were, however, terminated without being formally withdrawn, Moorcroft said.

The SANDF then placed the “false” information before the senior prosecutor in Oudtshoorn and he was subsequently charged in the Magistrate’s Court.

Moorcroft said he had to appear in that court on about five occasions.

He said the trial took place in Oudtshoorn, a town where he was well known to members of the Infantry School.

His name was eventually cleared on November 17 1999 when he was discharged due to a lack of evidence.

Moorcroft said he had spent nearly R93 000 in legal costs and he claimed this amount back from the minister.

He also claimed a further R50 000 for the damage to his reputation.

The SANDF denied that Moorcroft was maliciously prosecuted, but agreed to pay him R20 000 in damages and another R10 000 as a contribution towards his legal costs in the criminal trial.