That is the question before South Africa's Supreme Court of Appeal in a case that is now under submission. Details can be found here. Excerpt:
Earlier the high court held in favour of Sandu [the South African National Defence Union] on all the issues.
These include the banning of demonstrations, presenting of petitions and a military union's right to affiliate to a union federations, and those preventing unions representing members during grievances and disciplinary proceedings.
Co-counsel for Sandu, Matthew Chaskalson, submitted these were among the core functions of a union.
Chaskalson submitted that whatever threat to discipline the defence force might see in regard to affiliation, as the defence force contended, was not well founded.
"It's not justifiable to ban this."
On Tuesday, questions on the justification of a "powerful body within the military outside of military command" was also raised by the bench in relation to affiliation.
Concerns related to conflict of interest by soldiers when they were called by the President for duty during civil unrest situations, which could be supported by other trade federations.
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