Follow-up meeting with Khoisan Nation Self Defence Unit; Meeting with SACC Military Veteran’s Association

Meeting report

Khoisan Nation Self Defence Unit presentation

Lt.Gen JD Hop, Leader: Khoisan Nation Self Defence Unit (KNSDU), said that the term “integration” meant the bringing together of people of different racial or ethnic groups into unrestricted and equal association, as in society or an organisation -- in this case, the new South African National Defence Force (SANDF). This involved the integration of the seven different former forces, each with their own culture, traditions and military history into the SANDF. The Khoisan soldiers of South Africa -- former members of the South African Cape Corps (SACC) – admitted to a common culture and identity, and had been excluded from SANDF integration process since 21 April 1994.

The KNSDU had been launched on 15 June 2014 as a new and indispensable unit in the struggle for the integration of former CK-SADF un-integrated members into the new SANDF. The SACC was one of the oldest organised military units in South African history, dating back to the Khoikhoi in 1781 during the first Dutch administration.

Gen Hop detailed the events that had eventually led to Act 44 0f 2001 being repealed in February 2016. This act had provided for the termination of the intake of members of non-statutory forces into the SANDF for integration purposes; to provide for the integration of the members of the said forces who were likely to be granted amnesty; and to provide for matters connected therewith.

Factors preventing the integration of former CK–SADF (SACC) members into the SANDF were:

• Termination of the Integration Intake Act 44 of 2001;
• The court case lost by Khoisan soldiers to integrate (North Gauteng High Court);
• The Public Protector’s report to the KNSDU; and
• The repeal of all integration bills signed by former President Zuma on 15 December 2015.

The traditional Khoisan Leadership bill of 2015 had been signed into law by President Ramaphosa on 20 November 2019, and published on 28 November 2019, which constituted statutory recognition of Khoisan communities, leaders and structures.

The view of the KNSDU was that in order for all eight forces to enjoy equal opportunities and benefits, the best way was to provide for a proper legal basis by enabling legislation, or to discuss and amend the draft Khoisan Soldiers Integration Bill of 2018, to bring it in totally into line with the constitution of South Africa.

Discussion
 
Mr S Marais (DA) said that while he appreciated and sympathised with the old SACC soldiers, the Committee needed to look at what the Act prescribed. Integrating the old SACC into the new SANDF created realities which they would need to face, such as budgetary and beneficiation factors. Bearing in mind the constraints, it would be wrong to create expectations.

The Chairperson said that when it came to the integration, there had been no legal framework to accommodate SACC members who were not permanent members of the SANDF. The situation had become even worse now, due to the budgetary constraints and several other factors. He asked whether they were appealing merely to be recognised as military veterans, or whether their aim was to be able to access the benefits which were made available to all military veterans in terms of the Military Veterans Act.

Lt Gen Hop responded that he was a bona fide military veteran who had personally gone to be registered on the national database in 2005. However, for the past 16 years, the benefits had not worked for them, despite being registered on the national database before the Military Act was implemented in 2010.  While the Act in itself was a good one, accessing the benefits was where the problem lay. They had invited the DMV to their municipality, where the outcomes had been very positive, but while promises had been made by the municipality, no help had been received thus far. While there were only approximately 200 people in his municipality, he represented approximately 700 people, and not one of them had been assisted in accessing benefits.

Mr T Mmutle (ANC) said that he was unsure what the delegation expected from the Committee, because the bottom line was that the organisation had not been in existence when the process of integration was under way, and there was therefore not much, if anything at all, that the Committee could do. Just because the organisation had not been in existence, it had not meant that individual members could not approach the Department to be integrated. It would be probably be more possible for individual members to be integrated than it would be for the integration of an organisation which had not been existence when the integration was taking place.

Lt Gen Hop responded that his presentation had made it clear that the organisation had applied for integration in the personal capacity of its members. He could not understand how he was not on the system, despite having personally registered in 2005. They had taken his information then, but today it was not on the system.

The Chairperson referred Gen Hop to an instance where an individual had joined the Force in 1979 and exited in 1981, but had continued to remain on the system for another two years, despite having left.

He asked what exact entitlement or claim the members of the KNSDU had in order to be integrated into the SANDF.

Gen Hop responded that the reason was because they had been part of the SANDF, and had been left out of the integration process.

The Chairperson responded that Gen Hop had not answered his question. Bearing in mind that some people were given two to three-year contracts to serve, and had served their time long before the disbandment, he wanted to know the claim or entitlement behind their reason for getting integrated into the SANDF.  Was he in agreement with the view that the individuals were not permanent members of the SANDF, but had rather been contracted for that period? He sought confirmation as to whether the disbandment of the organisation had served as more of a name change than anything else, as the day it had been disbanded, another one with another name had been established.

Gen Hop responded that when the previous organisation had been disbanded, the very next day a new one had been established under a new name.

Mr Mmutle asked Gen Hop whether their claim had not been valid against the SADF at the time, rather than the SANDF, which had existed afterwards. He emphasised that the phrasing of the question in no way meant that there was, or would be, a valid claim.

Gen Hop agreed that their claim had been made to the SADF, but asserted that they had been stabbed in the back. In closing, he repeated that their aim was to be integrated into the SANDF, just as the other seven organisations had been.

SACCMVA presentation

Mr Luke Plaatjies, President: South African Cape Corps Military Veterans Association (SACCMVA), said that the main purpose Association, as the officially recognised MVA representing former SACC combatants, was to confirm its duty to full reconciliation, restitution and healing, and to make a meaningful contribution to peace and prosperity in South Africa.

Since the official recognition of the SACCMVA, there had been very little official engagement and progress for almost two years, despite numerous requests. There had been no promulgation in Government Gazette to legally recognise it as a military veterans association. Their best efforts to set up a clear and regulated institutional framework of engagement between the DMV and SACCMVA in line with Act had failed. They agreed on a plan for full participation and representation for SACCMVA in respect of all South African National Military Veterans Association (SANMVA) and DMV benefits, structures, events and initiatives.

The Association was calling for a review the initial SACC Integration and Demobilisation process, as this was seen to be grossly inadequate and had resulted in thousands of former SACC soldiers not being properly integrated or not being demobilised. It was requesting that those qualifying members who had not been integrated and demobilised to be granted an opportunity to do so, and that a programme to drive awareness of the review of the integration and demobilisation be made throughout the country.

Mr Plaatjies said the SACCMVA was seeking service delivery and relief beneficiation in the following areas:

• Provision of a Personnel Administration System (PERSAL) database of SACC members from 1963 to 1992;
• Initiation of an independent audit of the DMV database, covering housing, health care, education and pension applications, to confirm SACCMVA members’ status and approvals;
• SACCMVA representation on ministerial, national and provincial committees;
• A new military veterans’ awareness, communication and participation plan; and
• Fair and equitable allocation of benefits, such as the Social Relief of Distress grant.

He suggested that the way forward would involve an operational plan, which would see the promulgation of the SACCMVA as a military veterans association, and the implementation of an agreed institutionalised relationship with DMV, including a budget, communication and reporting.

Discussion

The Chairperson said that while the Association had received a letter of recognition, it was believed to be incomplete because it had not been promulgated. He asked if they could base their claim in the legislation, over and above the letter from the Minister which had recognised them.

He agreed that the CK members were eligible to be treated as military veterans in terms of the definition of the Act, and asked what was stopping them from accessing their benefits. After enlightening the delegation of Gen Hop’s situation, he was looking for more information on the reasons for it.

Maj Arnold Arendse, Chairman: South African Cape Corps Military Veterans Advisory Council, said there were already seven other military veterans’ associations which had been recognised by the Minister. Without the Minister’s recognition, they only had a letter, but they could not put a letter on their wall stating that they had been recognised – they needed a footprint if they were to attract any sort of business.

The Chairperson said that he thought they would cite a provision within the legislation to support what they had been complaining about. He asked whether or not it was a legislative requirement that they be promulgated.

Major Arendse responded they would have responded to that question in writing once they had received the proper information.

Mr Plaatjies responded with regard to the benefits, and said members who had applied but had been shown the door were most probably not on the database, so they were not able to be identified by the DMV. The manner in which the application for benefits was done at the Department often resulted in no feedback being received as to whether or not individuals had qualified, or what was wrong with their application, if there was an issue.

Housing benefits, in particular, had been allocated in cities and towns where ‘military veterans’ were staying, but these had been for ‘other’ military veterans. No communication had been received from the Department as to why their members had been excluded. He believed that while everyone should be scrutinised equally, nobody should be left out. 

Mr Marais said that while, on the one side, he was grateful for the presentation, he was also left a bit frustrated by the administrative processes which resulted in delays in acknowledging the Military Veterans Association.

He said that if they wanted unity going forward, the two parties needed to reach out to each other. If the Military Veterans Association wanted to be acknowledged as the official forum for the old SACC soldiers, then they needed to do something, as they could not expect to be recognised while they sat and did nothing.

Where there were various people claiming that they had been left out or were being marginalised, they should have been assisted or recognised by the Department. He emphasized that they were in a position where they could no longer continue to have repetitive interactions such as those they had had in the past. This matter needed to be concluded, and he believed that the responsibility for its conclusion lay on the shoulders of the Military Veterans Association.

If the MVA wanted to be taken seriously, they needed to accommodate not only members belonging to them, but those who fell outside their ambit as well, and the Committee would be prepared to fight their battles within the Department, including all the administrative processes.

He concluded that the MVA needed to be prepared to fight for people both within and outside their organisation, as they were not a trade union fighting for a certain class or group only, but for a population of military veterans as a whole.

Mr Plaatjies thanked the Members for their comments and suggestions. Some responses would be provided to the Committee in writing in order to give a more accurate picture. They had had several weekend meetings with the Deputy Director-General and Deputy Minister of Defence on the exact same issues which had been raised in the current session, and they would be taking it further once again at their next meeting in order to reach some form of final conclusion.

The meeting was adjourned.