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| | Case Law, Labour Case Law - South Africa |
 | | On 25 November 1998, Hartzenberg J made an order which in substance declared section 126B of the Defence Act, 44 of 1957, to be unconstitutional and invalid to the extent that it prohibits members of the South African National Defence Force from participating in public protest and from joining trade unions. |
 | | [3] The South African National Defence Force (the Defence Force), which includes the South African army, navy and air force, is divided into the Permanent Force which consists of the core of military personnel who are enrolled in the Defence Force, the citizen force and commandos. |
 | | The Constitution proclaims that national security is not simply directed towards the maintenance of power but “must reflect the resolve of South Africans, as individuals and as a nation, to live as equals, to live in peace and harmony, to be free from fear and want and to seek a better life.” [Section 198(a)]. |
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