Miscellaneous | The SANDF Case

The issue in this case was whether soldiers had a right to be represented by trade unions and to take part out of uniform in public protests. Writing for the Court, Justice O’Regan said yes to both. In a concurring judgment, Justice Sachs stated that a blindly obedient soldier represented a greater threat to the constitutional order and the peace of the realm than one who regarded himself or herself as a citizen in uniform, sensitive to his or her responsibility and rights under the Constitution; the Constitution proclaimed that national security was not simply directed towards the maintenance of power but must reflect the resolve of South Africans as individuals and as a nation, to live as equals, to live in peace and harmony, to be free from fear and want, and to seek a better life.