A man who was discharged from the SA National Defence Force (SANDF) in 2014 after being convicted of rape – only for his conviction and life sentence to be set aside a year later – is effectively back in the army after a ruling by the Constitutional Court on Friday.

The court declared that Mozamane Maswanganyi’s service with the SANDF did not terminate in 2014 and he continues to be a member of the regular force in the same capacity as he was in 2014.

Friday's ruling set aside a Supreme Court of Appeal (SCA) judgment last year, which held that Maswanganyi's dismissal from the SANDF was done in accordance with the Defence Act.

The SCA also said the same law did not provide for automatic reinstatement if someone's appeal (against a conviction and sentence) was upheld.

Maswanganyi was discharged from service after being found guilty of rape and sentenced to life in 2014.