Mon séjour en Afrique du Sud (Cape Town)

Former SANDF chief General Siphiwe Nyanda had misunderstood a key military act when he insisted on the appointment of a certain senior officer against a panel’s recommendations, the Pretoria regional court ruled yesterday.

After the incident he laid charges against the members of the panel for disobeying his orders.

Yesterday the five high-ranking SANDF officers were acquitted by the court on a charge of disobeying a lawful order.

The magistrate found that Nyanda had acted without authority when he appointed a Colonel Mnisi to a top legal position, contrary to the Military Discipline Supplementary Measures Act.

Magistrate Peet Johnson ruled that the matter “should never have been brought to court” as there was no evidence against the accused. He said that the prosecution was a fruitless exercise.

Brigadier-General Alan David Luck (47) of Valhalla, Rear-Admiral Charles Henry Smart (48) of Clubview, General George Mabandla Woco (53) of Grootfontein, Brig-adier-General Jacobus Johannes Smit (50) of Centurion, and Colonel Peter Jonathan Paul Freeman (46) of Thaba Tshwane, were accused of disobeying a lawful command given by their superior officer in the execution of their duties between August and September 2004, as they facilitated and authorised the re-appointment of a Colonel Mardon at the SANDF’s legal services.

They were also accused of causing the SANDF “unauthorised wasteful” expenditure as Mardon was appointed in the same post as the person who Nyanda, SANDF chief at the time, had appointed.

The men, arrested in September 2005 and released on bail of R1000 each, had pleaded not guilty.

Nyanda yesterday testified that during a meeting in August 2004, attended by Luck and Smart, he decided that Mnisi should be appointed.

“It was my decision, my prerogative, to make the recommendation to the minister of defence. I am not aware that Luck was entitled by any statute to make appointments,” the former chief said.

Referring to Smart, Nyanda claimed he could make certain recommendations, but where the rank of a colonel was concerned, the appointment was determined by the chief of the SANDF.

Nyanda said he was later made to understand that Mardon was put in the post he had intended for Mnisi.

Defence advocate Jaap Cilliers stated that Nyanda himself ordered that Mardon be appointed as part of a special task team in January 2005, therefore the colonel could not have been in the post intended for Mnisi.

Cilliers said Nyanda did not have the authority to appoint someone in a legal position, as the Military Discipline Supplementary Measures Act gave authority for this to the head of the SANDF’s legal services, a position Smart held.

“This authority was taken away from you. How can you give an order that contravenes the act and appoint legal personnel?” Cilliers asked.

Nyanda insisted that he had the authority, but Cilliers pointed out that the supplementary measures act overrode all others.

After the State closed its case, the defence applied for a discharge.

“This was an absurd prosecution right from the start. I ask the court to discharge them as not to waste the court’s time further.”

Johnson said it was clear Nyanda had no authority to appoint or suggest the appointment of Mnisi.