Court clears awol soldier

A SOLDIER in the South African National Defence Force who got the boot as he was absent for seven weeks without permission claimed he was abducted in the street and forcefully taken to an initiation school to be circumcised.

Jonas Mamasedi turned to the Pretoria High Court to get his job back, as he said he was never given the chance to respond to the SANDF’s board of inquiry’s recommendations to the chief of the defence force that he be fired.

From the start the SANDF did not believe his explanation that he was abducted and taken to initiation school. It also persisted with this during Mamasedi’s court application.

According to the SANDF, there is no proof that he was abducted, other than his word. In terms of the Defence Act, a member of the regular force who is absent from duty for more than 30 days without the permission of his commanding officer shall be dismissed.

Mamasedi was absent from November 29, 2011, to January 18, 2012. He told the court he had good reasons for not being at work and demanded to be reinstated, with full benefits, from December 15, 2011.

Mamasedi, 21, explained he was on his way to his grandfather’s house when he was abducted. He said it was his grandfather’s wish that he attend initiation school. He later asked his father to tell his commander what had happened, but his father did not.

When he did not report for duty, his commander phoned his father, who then told him what had happened. By then Mamasedi had been absent for 30 days and the provisions of the act came into operation, and he was fired.

He said he also gave this commander a letter from the initiation school as to what had happened. A board of inquiry considered his case, but recommended to the chief of the army that he be dismissed.

Acting Judge SM Wentzel said Mamasedi was unfairly given the boot as he did not have the chance to tell the chief of the army why he should not be fired. He ordered the SANDF to reinstate him with full benefits.