Defence Amendment Bill [B18 - 2017].

Call for comments opened 12 December 2019 Share this page:

Submissions are now closed (since 24 January 2020)

Defence and Military Veterans

The Portfolio Committee on Defence and Military Veterans (National Assembly) invites you to make written submissions on the Defence Amendment Bill [B18 - 2017].

The Bill seeks to amend the Defence Act, 2002, so as to:
▪ include the Chief of Staff in the Military Command of the Defence Force;
▪ clarify the process regarding the implementation by the Chief of the Defence Force of the delegation of powers and assignment of duties to members by the Secretary for Defence as head and accounting officer of the Department;
▪ provide for the employment of the Defence Force outside the Republic;
simplify matters regarding identification cards issued to military police officials;
▪ make a technical correction to the reference to the Armaments Corporation of South Africa, Limited in section 18;
▪ provide for the security vetting of contractors and service providers of the Department;
regulate the minutes of meetings of the Council of Defence;
▪ clarify that a person does not need the consent of an employer in order to enrol as, or to remain, a member of the Reserve Force;
▪ regulate anew the termination of service of members of the Regular Force;
▪ amend the requirements for legal representation of members;
▪ regulate the display of military decorations, medals and insignia;
▪ regulate the use of military uniforms, distinctive marks and crests;
▪ amend certain powers of the Minister to make regulations;
▪ provide for the prohibition of access to military property or areas

The Objective of the Bill is to align the Defence Act (No. 42 of 2002) with current Departmental organisational requirements to enhance the efficiency of the Department of Defence. While the Bill was passed in the National Assembly (NA) on 11 November 2018, subsequent changes to section 103 (1) by the National Council of Provinces (NCOP) resulted in the Bill being sent back to the NA. The amendments suggested the number of days of absence of a Member in section 59(3) must be linked to the number of days in section 103 (1) that is, exceeding 10 continuous calendar days of absence.

The Bill, in terms of Rules 333 and Rules 351 lapsed on the last sitting day of the Fifth Parliament, and was revived by the National Assembly on 29 October 2019, following a resolution to resume the proceeding from the stage that they were referred to the relevant committees of the Assembly for consideration and report (Order Paper: National Assembly No 25–2019).

Public hearings will be conducted in Parliament by the Committee on a date yet to be determined.

The closing date to make written submissions and indications to make oral submissions is at 16:00 on Friday, 24 January 2020.

Comments can be emailed to Mr B Mantyi at bmantyi@parliament.gov.za by no later than 16:00 on Friday, 24 January 2020.

For Public hearings' dates and enquiries please contact to Mr B Mantyi on tel (021) 403-3796


ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON DEFENCE AND MILITARY VETERANS, MR CYRIL XABA.


Background
The Department of Defence (DOD) commenced with the process of reviewing the Defence Act, 2002, during 2009. The Defence Review, 2015, was completed and approved by Cabinet during 2014 and Parliament during 2015. The amendments to the Act do not emanate from the recommendations contained in the Defence Review, 2015, but are matters that have been identified as necessary to be addressed at this stage. The DOD is currently in the process of unpacking the Defence Review, 2015, and its effect on DOD structures, administration, and possible future legislative amendments to defence legislation may follow eventually