Phike v South African National Defence Force (Defence Special Tribunal DST-J1/00)
Phike v South African National Defence Force (Defence Special Tribunal DST-J1/00) [2001] ZALC 152; 2002 (3) SA 648 (LC); (2001) 22 ILJ 2298 (LC); [2001] 12 BLLR 1404 (DST) (28 September 2001)
The court held that the applicant, as a member of APLA, became entitled to integration into the SANDF by operation of law following the constitutional amendments. His resignation from the SANDF in 1995 did not preclude his entitlement to reinstatement, as the legal framework provided for the inclusion of APLA members after the 1996 constitutional amendment. The administrative procedures for interim service agreements were found to be subordinate to the statutory provisions governing integration. The applicant was therefore entitled to reinstatement in the SANDF with retrospective effect to th…
Source excerpt
- Integration Of Non Statutory Forces
- Employee Definition
- Reinstatement
- Transitional Arrangements
- Jurisdiction Of Labour Court