Constitutional Court Rules in Favor of Ex-SANDF Sergeant in Landmark Backpay Dispute

In a landmark ruling that sends a clear message about the interpretation of employment terms, Chief Justice Raymond Zondo has concluded a protracted legal battle with a final judgment that leans heavily in favor of individual rights over institutional presumptions. The Constitutional Court of South Africa delivered a unanimous verdict, directing the South African National Defence Force (SANDF) to reinstate Molefi Jonas Mamasedi, a former sergeant who was previously dismissed following a contentious interpretation of the Defence Act.

Mamasedi's plight began in 2011 when he was absent from official duty for a stretch of time that the SANDF computed as exceeding the 30-day limitation stipulated by section 59(3) of the Defence Act. However, the crux of Mamasedi's argument, which eventually won over the highest court in the land, was that his contract specified weekdays as his official duty days. The disputed days, falling on weekends and public holidays, according to Mamasedi, should not have been included in the count.

The preceding court proceedings, including the Gauteng Division of the High Court and the Supreme Court of Appeal, failed to resolve the ambiguity in Mamasedi's favor, leading to what can only be described as a 12-year saga of legal challenges. His unwavering commitment to seeking justice culminated in the February 6, 2024, hearing at the Constitutional Court, where the ultimate definition of the term ‘days’ in the Defence Act would be scrutinized.

The Constitutional Court's decision rested on interpreting the '30 days' mentioned in the Defence Act as operating days rather than calendar days. This interpretation favored Mamasedi's narrative, that his absence fell short of the 30-day rule when excluding weekends and public holidays during which he wasn’t required to work. Despite the conflicting accounts of his absence due to an alleged involuntary participation in an initiation school — a point deemed irrelevant by the Inquiry Board that recommended his dismissal — justice has finally been served in Mamasedi's favor.

Ruling that the SANDF's refusal to pay Mamasedi since January 2012 was unlawful, the Court has ordered not only his reinstatement but also the payment of his overdue salaries and benefits. The SANDF must comply and remedy the situation by arranging for Mamasedi's return to duty and settling the backpay owed within specified timelines.

The repercussions of this judgment are significant, as it potentially sets a precedent for future cases involving the interpretation of employment contracts within South Africa’s legal system, particularly within state-run institutions such as the SANDF. Advocates for worker's rights are likely to hail this as a victory for clearly defining terms of employment and safeguarding the rights of individuals against misinterpretation by their employers.