BRIEFING TO THE PARLIAMENTARY

PORTFOLIO COMMITTEE ON DEFENCE: 2 NOV 04

T.E. MOTUMICHIEF OF POLICY AND PLANNING

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BACKGROUND• The Parliamentary Portfolio Committee on Defence, 26 Oct 04, requested

briefing on the status of the following issues:

• The implementation of the Military Veterans Act;

• The establishment of a Military Ombudsman;

• The establishment of a Service Corps;

• The implementation of the Civic Education Programme and the status of the Civic Education Evaluation and Advisory Board (CEAAB);

• The status of the Military Justice System; and

• The implementation of the Geneva Convention Act and Intentional Humanitarian Law.

• These are submissions compiled by the respective Services and Divisions regarding the issues raised above.

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THE MILITARY VETERANS AFFAIRS ACT

EXTENT OF IMPLEMENTATION • MINISTER OF DEFENCE is responsible to achieve the objects of the Act

• MILITARY VETERANS’ SUPPORT CUTS ACROSS MANY STATE DEPARTMENTS

• REGULATIONS have been promulgated

• MILITARY VETERANS DEFINED to:– Establish a veterans data base– Implement the RM40 Military Veterans’ Skills Development Programme for 4 275

members– Negotiate military pensions for military veterans– Obtain medical support

• HONOURING SACRIFICES: Military veterans honoured at rededicated memorials

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THE MILITARY VETERANS AFFAIRS ACTCont...

• GOVERNMENTAL & STATE AGENCIES– Only Department of Social Development iro military pensions and

Department of Labour iro Military Skills Development Programme involved. Other State Departments to get involved.

• CABINET COMMITTEES: No Cabinet Committees to exercise oversight over military veterans’ affairs appointed

• ADVISORY BOARD ON MILITARY VETERANS (ABMVA): Appointed by the MOD from members nominated by Military Veterans’ organisations. Board carrying out consultative and advisory effectively

• OFFICE OF MILITARY VETERANS’ AFFAIRS– Director of Military Veterans’ Affairs within the DOD to manage the

functions of the office appointed

– Functions carried out to a limited extent by the two separate Directories

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THE MILITARY VETERANS AFFAIRS ACTCont...

• ESTABLISHMENT OF A DEDICATED STRUCTURE TO EFFECT DELIVERY TO MILITARY VETERANS– Unification of the two Directorates and establishment of a dedicated

structure to ensure implementation of the Act being pursued

• MILITARY VETERANS DATA BASE is being established

• MILITARY VETERANS SKILLS DEVELOPMENT PROGRAMME– RM40 for skills development 4 275 military veterans approved for

implementation

• INTERNATIONAL BENCHMARKING– To determine how to deal with the management of military veterans’

affairs, i.e. Department of Defence, a separate Department of Military Veterans’ Affairs or a dedicated Agency.

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THE MILITARY VETERANS AFFAIRS ACTCont...

CONCLUSION

• A White Paper on Military Veterans’ Affairs should be initiated to determine how the Affairs should be dealt with nationally and the nature and locality of a dedicated Government Department or Agency

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ESTABLISHMENT OF THE MILITARY

OMBUDSMAN • The Portfolio Committee on Defence during 1995/6 recommended

that the DOD lead the process of establishing a Military Ombudsman.

• The Public Protector then expressed the view that establishing the Military Ombudsman would amount to a duplication of effort since the Constitution and the Public Protector Act conferred on him powers to address matters envisaged for the mooted Military Ombuds.

• It was subsequently agreed that a directorate resorting in the Public Protector’s office would be created and entrusted with the task of addressing matters envisaged for a Military Ombudsman.

• The ineffectiveness of this directorate resulted from the low level at which the post was pitched. The incumbent being unable to deal with senior officers of the SANDF.

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THE MILITARY OMBUDSMANCont..

• It is recommended that the present Public Protector be approached in order to ascertain:

– What difficulties they are faced with that appear to have affected the ability of his office to satisfactorily deal with matters affecting members of the SANDF.

– The Public Protector’s views regarding the creation of a separate office of the Ombudsman.

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SERVICE CORPS DOD POSITION– The Strategic Guidelines of the MOD for 2005 indicated that the

Service Corps must migrate outside the DOD by 2005.

CURRENT STATUS– The Service Corps has embarked on a strategy to migrate out of the

DOD and has recently finished with the strategic review. Following the methodology as prescribed in the Alternative Service Delivery (ASD) process as prescribed by National Treasury and adopted by the DOD, the Service Corps is about to pursue the next steps of an option analysis and publish an Expression of Interest (EOI). While doing so the Service Corps will however vigorously pursue its new business focus in order to meet present and future demands.

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THE CIVIC EDUCATION PROGRAMME (CEP)

CURRENT STATUS

• The Civic Education Evaluation and Advisory Board (CEAAB) responsible for monitoring, providing advice and evaluating the implementation of CEP, was established in 1995. The CEAAB remains in existence and continues to be functional.

RESULTS

• The Civic Education Evaluation and Advisory Board (CEAAB) has written the Civic Education Manual consisting of five chapters and a second revised edition of the Manual has been completed.

• The CEAAB is also responsible for writing the Code of Conduct for the Uniformed Members of the SANDF and the Code of Conduct for PSAP Members of the DOD

which have been accepted in the DOD.

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THE CIVIC EDUCATION PROGRAMME (CEP)

Cont...

IMPLEMENTATION OF CEP • A Centre of Excellence for Civic Education (CECE) exists in the Joint

Training Formation. This Centre does research to improve learning material and facilitators guidelines for Civic Education. Currently, the Centre is understaffed. There is no funds to increase the staffing level.

• Following the recommendation of the CEAAB a process is currently underway to incorporate the Law of Armed Conflict (LOAC), the Leadership, Command and Management Philosophies (LCAMPS), Change Management and Civic Education, as part of the Equal Opportunity Chief Directorate (EOCD).

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MILITARY JUSTICE SYSTEM

This is being scrutinized and will be informed by the final report of the Ministerial Task Team.

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INTERNATIONAL HUMANITARIAN LAW (IHL) AND THE GENEVA

CONVENTIONS ACTCURRENT STATUS OF IHL

• South Africa has ratified and acceded to a number of IHL Treaties.• IHL treaties that have not been ratified are:

– 1954 Hague Cultural Property Convention and its two Protocols– Amended Article 1 and New Protocol 5 of the Conventional Weapons Convention (CCW). The Department of

Foreign Affairs is currently in process thereof, with the support of the DOD.

NATIONAL BODY FOR IMPLEMENTATION OF IHL• National IHL committees are implemented to advise the government in relation to ratification and

implementation of IHL treaties. These bodies consist of representatives of the different Ministries for the application of IHL as well as the National Society.

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IHL AND THE GENEVA CONVENTIONS ACT

Cont….

• South Africa does not have a national IHL committee.

• South Africa has two committees dealing with specific pieces of IHL

legislation. – The first was an ad hoc inter-ministerial committee, which deals with the

implementation of the International Criminal Court statute. The committee comprises representatives from Justice, Defence, Intelligence, Safety and Security and Foreign Affairs.

– The second committee was the “Committee to Draft Enabling legislation for the Mine Ban Treaty and the Certain Conventional Weapons Treaty”.

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IHL AND THE GENEVA CONVENTIONS ACT

Cont…CURRENT STATUS OF GENEVA CONVENTIONS ACT

• South Africa does not have a Geneva Conventions Act, which incorporates the Geneva Conventions into domestic law.

• The incorporation of the Geneva Conventions into national legislation is as follows:

• The Implementation of the Rome Statute of the International Criminal Court Act, 2002, addresses the grave breaches of the Geneva Conventions.

• A draft Military Discipline Bill is being considered by the DOD. This addresses:

– the trial of Prisoners of War under military law in accordance with the provisions of the Third Geneva Convention; and

– the mental elements of criminal liability in relation to breaches of the Geneva Conventions.

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IHL AND THE GENEVA CONVENTIONS ACT

Cont…

– The finalisation of the draft Bill will be informed by the final report of the Ministerial Task Team which will in turn permit the finalisation of the extant draft Geneva Conventions Bill.