Pretoria - A member of the SANDF lost a 15-year legal fight to overturn the rule that a 25m freestyle swim is a requirement before a soldier may enrol in the physical training instructor’s course.
Paul Dzumba lost out on partaking in the course in 2006 after he failed to meet the swimming requirement.
He has since then been on a mission for the SANDF to remove the rule.
He earlier turned to the SA Military Ombud to have the requirement omitted, as he said it was discriminatory as not everyone was able to swim.
However, he lost his case before the Ombud and subsequently turned to the Gauteng High Court, Pretoria.
Dzumba said to be able to enrol for the course, soldiers first had to undergo a one-week pre-selection course.
This included a 25m freestyle swimming event. Only those who successfully completed this pre-selection course could enrol for the physical training instructor’s course.
He did not pass this pre-selection, as he could not complete the swimming component of it.
According to Dzumba, the SANDF also offers what is known as a basic water-orientation course, aimed at assisting those who could not complete the swimming experience, but who still wanted to enrol for the main course.
He attended this course but also failed it. However, he did not give up, and attended the pre-selection course fully for a second time.
However, he again failed the swimming component. He then asked the SANDF to evaluate the entry requirements for the main course, as he felt the 25m swimming requirement was unfair and invalid.
He felt it was biased and groundless, and also asked that the lifeguard qualification be removed.
Dzumba pointed out that some SANDF members were allowed to pass the main physical training instructor’s course, without being able to swim.
The SANDF told the court that these soldiers had passed the 25m qualifying lap, but that they did not pass the more strenuous swimming activities during the main nine-week course.
They were accredited as physical training instructors, but were not to be used in water activities as they were not yet water safe.
Their accreditation was, however, conditional as they had to, within the next year, master the swimming, after which they would again be assessed. All of these candidates, the court was told, had meanwhile passed this requirement.
The Military Ombud, which turned down Dzumba’s demand to have the swimming component scrapped, said at the time that this was a requirement for all SANDF members, thus he was not being discriminated against.
Acting Judge J Cochrane said while the assessment criteria did differentiate between those soldiers who could swim and those who could not, it cannot be said that it was unfair and irrational.
He said it was to ensure that the best candidates became physical training instructors as they had to in turn train combat-ready soldiers. The purpose of the swimming component was to ensure that those who successfully completed the course could safely present the basic water orientation course and act as lifeguards in emergencies.
The judge said the SANDF had applied this criteria consistently to all its members, and it thus did not amount to discrimination.
Pretoria News