A former South African National Defense Force (SANDF) member is taking his fight to be reinstated into the defence force to the Constitutional Court.

Mozamane Maswanganyi was dismissed from the SANDF in 2014 after he was convicted of rape and sentenced to life imprisonment.

Maswangayi successfully appealed the conviction and the sentence was subsequently set aside in 2015.

The SANDF has refused to reinstate him, arguing that the termination of his service was in line with the Defense Act which did not provide for reinstatement and that his position had been filled before the finalization of his appeal.