Chief Justice Raymond Zondo delivered his final judgment on Wednesday, in which the Constitutional Court ruled against the SANDF.
Chief Justice Zondo delivers final judgment at Con Court during a special sitting, 21 August 2024. Picture: Michel Bega
The case was brought by Molefi Jonas Mamasedi and revolved around the interpretation of section 59 of the Defence Act. This period exceeded 30 calendar days if weekends and public holidays were included in the 30 days referred to in section 59.Upon his return to work on 3 January 2012, a Board of Inquiry was established to investigate his absenteeism.
The apex court found that in Mamasedi’s case, the 30 days referred to in Section 59 of the Defence Act did not include days when Mamasedi was not required to work.
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