Friday, June 7, 2019

South Africa: no automatic reinstatement after civilian conviction is overturned

The Supreme Court of Appeal of South Africa has decided an interesting case with a military angle. What happens if a member of the Defence Force has been discharged because of a civilian criminal conviction but the conviction is later overturned on appeal? Is the soldier automatically entitled to reinstatement? Held, no. See Minister of Defence and Veterans Affairs v. Maswanganyi, (739/18) [2019] ZASCA 86 (31 May 2019).

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