Where a hearing must take place (in this case to terminate soldiers’ employment) it is necessary but not sufficient to inform the subject of the complaint of the nature of the alleged misconduct and to ask for representations in regard to whether the conduct occurred and constituted misconduct and what the appropriate sanction is.
The subject of the complaint must also be afforded an adequate opportunity to respond and to obtain assistance if required.
In the case of Minister of Defence v SANDU the soldiers were given four days to obtain advice and assistance from their trade union and to make adequate representations. The period allowed was held to be unfairly short and the termination of employment was set aside.
