A soldier has failed to get the court to strike down military requirements that members should complete 25m of freestyle swimming before qualifying to become physical training instructors.

The Star reports Strike Dzumba wanted the rule dropped on grounds of discrimination, claiming the requirements were biased, groundless, and oppressive.

He launched an application before Gauteng High Court (Pretoria) Acting Judge J Cochrane after failing the 25m swimming component of the SANDF physical training instructor course.

Dzumba told the court that there were other army members allowed to pass the 25m swimming assessment despite being unable to swim.

The SANDF replied that the cohort of members Dzumba referred to passed the 25m swimming assessment, but failed the more strenuous swimming activities.

It said that although these members were accredited physical training instructors, they would not be used in water exercises.

Furthermore, their accreditation was conditional on the grounds that they passed the more strenuous swimming assessments within 12 months.

Cochrane found that there was rationality in the swimming assessment requirements, saying: ‘The purpose of the assessment criteria, which are applicable to all arms of the military and every member who needs to be a physical training instructor in the SANDF, is to ensure that the best candidates become physical training instructors as they are instrumental in producing competent and combat-ready soldiers.’

The judge, dismissing Dzumba’s application with legal costs, said: ‘In light of the very legitimate purpose of these assessment criteria, applied consistently and equally to all the SANDF members, I am of the view that the differentiation does not amount to unfair discrimination.’

Full report in The Star