Around 1 000 SANDF soldiers who allegedly participated in an illegal march to the Union Buildings last year would remain on special leave until the defence department's possible dismissal procedures against them were finalised.

In the meantime the department would seek clarity from the High Court in Pretoria on a ruling against it, spokesperson Siphiwe Dlamini on Thursday.

"We believe that the judge erred in making a finding that... discipline is an issue to be decided by the [Military Bargaining Council] and the [Military Arbitration Board]," he said.

Last August, a group of soldiers defied a court order not to march to the Union Buildings over a salary dispute. When they arrived at the buildings, which house the president's and executive's Pretoria offices, people were seen scaling the fences and a police vehicle was set alight.

Defence Minister Lindiwe Sisulu promised stern action and sent provisional termination notices to around 1 000 soldiers.

On Wednesday Judge Cynthia Pretorius granted an order to the South African National Defence Union (Sandu) declaring the procedure adopted by the defence force, in terms of which the soldiers were issued with the notices, unlawful and unconstitutional.

She interdicted the SANDF from discharging Sandu members, pending the finalisation of a dispute to be referred to the Military Bargaining Council. Should the matter not be resolved there, the dispute must be referred to the Military Arbitration Board.

Pretorius found the notice issued to the soldiers constituted a decision to terminate their employment, albeit provisionally.

However, Dlamini said the department wanted the judge to clarify certain aspects of her judgment, because they believed the council and board dealt with bargaining issues, not discipline.

They also found it inappropriate that the affected soldiers turned to a civilian court first, instead of a board of inquiry, for example.

"The court may deem the notices deficient or may find procedural infirmities in the manner we dealt with the soldiers slated for dismissal, but we are resolute.

"We shall correct the procedural infirmities and move with expedition towards the finalisation of the process which may lead to dismissal of these men and women," an earlier statement from Dlamini read.

Dlamini said this was important for discipline within the force.
But in the meantime, while the department decided whether to appeal the matter, the affected soldiers would "stay put" and receive their pay.

The South African Special Force's Union (Sasfu) welcomed Wednesday's judgment. It hoped the court had sent the message that "soldiers' rights are workers' rights and workers' rights are human rights".

The union hope to work with the defence minister to "rebuild" the force's damaged image.

"We do this because we love our country and we will do everything within our power to defeat the new tendency," Sasfu president Bhekinkosi Mvovo said.