A summary of this committee meeting is not yet available.
JOINT STANDING COMMITTEE ON DEFENCE
12 October 2001
SETAI COMMISSION FINAL REPORT; PROGRESS REPORT ON INTEGRATION SINCE JUNE 2001
Documents handed out:
Parliamentary Integration Committee Report: June 2001 (See Appendix)
SANDF Integration Update (October 2001) [email firstname.lastname@example.org]
Final Report of the Ministerial Committee of Inquiry (Setai Commission Report)
The Minister of Defence said that there had been tremendous improvement in the morale and discipline in the South African Defence Forces. Interim measures that had been recommended by the Setai Committee were being implemented with good results.
He denied claims that relations between him and the Chief of SANDF were strained. He claimed that relations between his office and that of SANDF Chief had never been better.
The Minister said despite other tragic events since the Tempe incident in 1999, much had been achieved to date. He, however, pointed out that much progress must be made by the Department of Defence before all the objectives of transformation had been achieved.
Transformation in SANDF was the main goal of the Department of Defence and that since the Tempe incident the disparity between mainly black troops commanded by mainly white officers had been addressed.
The Defence delegation consisted of Minister M Lekota, Acting Chief of the South African National Defence Force (SANDF) General Ngwenya, Chief of Staff of SANDF, Gen. Ramano, Colonel de Wet, Admiral L M. Bakkes Colonel H. Zobane, Defence Secretary Mr J. Masilela and Mr Z Ngema from DOD.
Committee members were informed that this session was specifically to receive the final Report of the Ministerial Committee of Inquiry. The Committee was set up to investigate the circumstances relating to the killing of eight members of the SANDF at the Tempe Military Base on 16 September 1999 and to ascertain whether racial, political and other sectarian discrimination or tensions exist within the SANDF.
Address by Minister M Lekota
In his opening remarks the Minister said that the report is the culmination of nearly two years dedicated work by the Chairperson of the Committee, Dr. Bethel Setai and his four-person committee. The committee submitted an interim report to his office in August 2000 and the final report in June 2001.
He said that both the Secretary of Defence and the Chief of SANDF have studied the final report and have accepted it and presented their comments to his office. The report is a wide-ranging and insightful assessment of developments in the Department of Defence (DOD) and the SANDF over the past seven years.
The Minister said that many of the recommendations made by the Committee were implemented by the DOD some time ago. He added that many of the problem areas identified in the report have already been addressed.
Although some other tragic events happened after the Tempe incident, much had been achieved so far but there is still some ground to be covered before the DOD can say with confidence that all objectives of transformation had been achieved.
The Minister said that in pursuit of the transformation goal, some important steps had been taken including addressing the disparity between mainly black troops commanded by predominantly white officers.
He added that as part of the programme to change attitudes within the DOD, a code of conduct for both uniformed and civilian members had been implemented at all levels. Equal opportunity, affirmative action and fast tracking programmes have already delivered dividends. He cited the first black woman appointed Officer Commanding an infantry battalion, the first black Navy diver and first black fighter pilot as examples of achievement in this direction.
Concerted efforts to improve internal communications were paying dividend with feedback from grass root level indicating that commanders at all levels are indeed communicating more effectively with their subordinates.
The Minister pointed out that the report provides a useful benchmark against which to measure progress in the future. It would be worthwhile to compare the present DOD and SANDF with snapshots taken some time prior to 1994.
The DOD had received praise and recognition both locally and internationally for what has been seen as an almost miraculous transition. The SANDF had proven its mettle in a number of very demanding but typical peacetime operations.
It is the pride and confidence engendered by these successes which have enabled members at all levels to adjust to the strain and disruption of change. He, however, hastened to note that the DOD’s efforts to effect and absorb change would be redoubled until its objectives had been fully realised.
He said that as part of follow up and monitoring the Chief of SANDF and himself had been on a tour of bases throughout the country to listen to and address some of the concerns raised by personnel. He added that recently the Chief of SANDF concluded a world tour of armed forces to familiarise himself with structures in other countries.
The Minister concluded by thanking the authors of the report Dr. Setai, General Geldenhuys, Colonel Mbogwa and Ms Lamani for the important contribution they have made to the transformation process of the SANDF.
The Chair reiterated that the meeting was to receive the report and that members would take the report in their respective party caucuses to study it before deliberations thereon can proceed. It would be appropriate to set up another meeting where the Committee will interact with the Minister and his team on issues raised in the report.
The Chair added that he looked forward to the response to the report by SANDF leadership so that the Committee can have a broad view of issues to deal with. The Chair, however, invited members to comment on the Minister’s opening remarks.
Mr Ndlovu (IFP) concurred with the direction taken by the Chair. He inquired the cost of the report to the Department.
The Secretary of Defence, Mr Masilela replied that so far his office was satisfied that the costing of the report was properly managed. There were some necessary extensions which pushed up the cost but that in the whole the cost was within budgeted limits. He promised to submit to the Committee a full report in this respect.
Mr Ndlovu asked if all people, without exception, gave the Minister the co-operation necessary to carry out this exercise.
The Minister answered in the affirmative. He said that upfront there was a positive attitude towards the entire exercise. The Committee encountered positive levels of co-operation. He noted, however, that there were a few areas of difficulty relating to some backward attitude in isolated cases.
The Minister said that the Committee gave advance notice of its impeding visit to bases so that people are not caught unawares. Some incidences were reported where some personnel complained that they were not allowed to complain and some isolated incidences of outright threats.
He noted, however, that where such cases were brought to his attention, his office intervened sufficiently to address the concerns. He said that explains why in some areas, the inquiry had to go back to give audience to those who thought they had been left out.
The Minister reiterated that on the whole, he was fully satisfied that all affected had been accorded ample opportunity to express their views. In particular, he said, the top military command had given 100% co-operation. Even after the inquiry he has left the doors of his office open for any persons aggrieved to come and lodge a complain.
Mr Ndlovu asked whether the command structure comprehended the concept of civic education the Department was engineering in SANDF.
Mr Masilela replied that civic education was one of the focus areas the DOD was implementing in SANDF. There is a ministerial advisory Committee set up to oversee the process. The Department had hired the services of academics and retired officers to conduct the process.
The structure had been revamped to fall under the equity and equal opportunity Act and that all personnel in training had taken the course which has been incorporated in level one of the Act. He said that there was not only a clear understanding of the process but that also the same was well structured to achieve the stated goals.
Mr Mclntosh (DP) asked whether the SANDF command is satisfied with the steps taken by the Minister.
The Minister replied that the SANDF leadership had go through the report and responded accordingly. He said that it would be worthwhile for Committee members to read the report in conjunction with the response by SANDF in order to get an insight of the position taken by SANDF. He promised to make the SANDF respond available to members in due course.
Mr Mclntosh asked if it was necessary to review the Defence Act to make provision for such expenditure and what role the Committee was expected to play in the whole exercise.
The Minister replied that Parliament itself was already taking the initiative to comprehensively review the Defence Act. This, he pointed out was especially to address some areas that were in conflict with the constitution.
The Minister said that he had received a letter requesting the ministerial committee to appear before the parliamentary committee. He said that he declined to allow them to do so since they were a ministerial committee and that he himself was answerable to Parliament.
Mr Smit (NNP) asked why the tabling of the report to Parliament was delayed to which the Minister replied that Parliament was then on recess.
Mr Smit criticised the report for glossing over issues and not pointedly addressing the specific areas of concern. He said all the report does is to state the obvious and asked why specific incidents had not been addressed.
The Minister replied that this question deals with how the inquiry went about its work. He said the Committee was constituted when the levels of tension in SANDF were very high. Committee members considered that due to the high level of tensions, specific cases should investigated and recommendation taken to the command structures for attention immediately before the main report can be dealt with.
He said that upon receipt of the interim recommendations, the DOD transmitted it to the Chief of SANDF for immediate implementation. To get a clear sense of the process the interim report should be read together with the final report.
The Chair asked what the mood is like since the implementation of the interim report and at the time of finalisation of the final report.
The Minister replied in the affirmative. He said that he was at Meson and the Cape Flats and is happy to report that he witnessed a strong sense of positive attitude. He said that the mood at these bases was far more relaxed and the level of moral was unprecedented.
He added that whilst in the past there was distance and grumbling, at present the atmosphere is excellent and relations are good. He attributed this better mood to young commanders who have recently joined the forces fresh from college. and do not carry the baggage of the past.
Mr Ngculu (ANC) asked whether the SANDF has accepted the idea of a trade union for the military personnel.
The Minister replied that what is referred to as a trade union was in effect not characterised as such by the Constitutional court. He said what the SANDF has recognised were associations through which personnel could air their grievances. He said this was the reasoning of the Constitutional court.
He explained that these associations did not have as much leeway as trade unions. Some of the constraints put on the associations is that they may not be political and may not go on strike. The activities of the associations were greatly curtailed due to obvious reasons. He said that there was need to review the terminology to correct this misleading impression.
The Minister said that it was expedient to allow people the outlet through which they can make known their grievances which may otherwise go unattended to the detriment of the harmony of the force structure.
Some officers are determined to introduce a COSATU like chapter in the forces. He added that they have even taken him to court over this on several occasions but that the courts have ruled in his favour.
He cited an incident where one of the leaders sent him a letter threatening a strike action but responded in earnest, warning the officer of the grave consequences of such an action which amounts to a mutiny.
The Minister said that he has no problem with the associations which he said were part of the democratisation that is taking place in SANDF.
Mr Ndovu (IFP) said that there must be a concerted effort to change the mindset about trade unions otherwise people will be in the habit of challenging the Minister every now and then on very flimsy grounds. He suggested that the associations mandate should be defined clearly so that members know their boundaries.
The Chair said that the Committee had already interacted with representatives of these associations. He said the DOD would provide a report on the matter.
Mr Ngculu said that what is emerging from the report was defiency of human resource management. He said the report is quite critical of human resource management and the level of communication. He said civic education does not seem to be enough to address the problem.
Mr Smit (NNP) said that the report does not make mention of the alleged tension between the Minister and the Chief of SANDF.
The Minister said the record should be set straight that there is no ill feeling between him and the Chief of SANDF. He said that quite to the contrary to what Mr Smit says, relations between him and the Chief of SANDF could not have been better.
The Minister added that there was no room for conflict between him and the Chief since his area was concerned with policy while the Chief had the exclusive expertise on operational matters.
Mr Ntuli (ANC) said that the DOD needed to prepare a comprehensive report on how issues raised in the report would be addressed. He particularly sited the area of strategic planning which called for urgent attention.
Mr Mclntosh asked why there was substantial expenditure on consultants and yet the Department has its own legal capacity. He further enquired about the reasons for extensions.
The Minister said that the Secretary would provide a detailed report on expenditure but pointed out that costs were kept low by use of the Department’s personel and facilities where that was feasible. He said three Secretary’s report will also cover the issue of extensions.
Mr Mclntosh raised the issue of an ombudsman and asked whether this facility can be made available to aggrieved officers. The Minister said that in principle his office is not averse to the idea of an ombudsman only that such an officer should not be on the payroll of the DOD. This, he said would give the clear impression of impartiality on the part of such office.
The Minister noted that it should always be kept in mind that this is a military establishment. Some of the problems need be solved by society and not the military. Problems like societal attitude towards women was replicated in the military and this needed transformation. Areas of specialisation remain predominantly white and therefore there was slow transformation in the middle level management. Changes will have to take time.
The Minister said that communication had been a serious problem but that at least the situation has greatly improved. Men and women are now able to freely talk to command structures. In addressing the discrepancies of the past, one should always bear in mind that the Department has to do so with the limited resources that it has.
The Chair said that it is clear members would require time to dissolve the report before they can follow up on issues raised therein. An appropriate forum would be organised later to interact on the report more substantively.
The Minister concurred with the Chair on his observation. It would be helpful for members especially to compare the report with the response given by SANDF so that they can get a sense of the direction issues were taking. He said that the Committee is entitled to call them back for further interaction.
Parliamentary Integration Committee Report
Mr Bakkes first thanked Members for taking the decision to extend the dateline for integration to 31 March 2002. He said that the aim of the report is to inform members on the progress on integration since June 2001 as a final report will only be made available at the end of March 2002.
Mr Bakkes said that in anticipation of the need of integration being 31 December 2001, the Department of Defence had planned to have a final intake during November 2001 and to integrate additional members on an individual basis before 31 December 2001. He said in view of the changed dateline, the Department will have to adjust their intake planing accordingly.
He said that presently there was a list of 122 names of former MK and some 68 former APLA members which had been submitted by their respective associations to be considered for integration. He said that it is not certain whether or not these numbers will change substantially due to the extended dateline.
Mr Bakkes explained that SANDF is charged with the responsibility of providing personnel, facilities and capacity to handle the final intake and that during the first three months of 2002, it will also be involved in dealing with new recruits from school leavers to join SANDF. He pointed out that it would be a big challenge to handle a large number of integraters.
Mr Bakkes said that statutory force integration had been finalised and that the Department of Home Affairs was in the process of verifying ID’s of former SADF foreign born members. As for amnesty, due to the passage of time cases whose names appear on the Certified Personnel Review CPR’s will now be dealt with as part of the final intake and not necessarily on an individual basis.
Mr Bakkes said that the Committee had invited the MK Military Veteran's Association AND APLA's Veteran Association to submit the names of bonafide National Skills Fund (NSF) members whose names are not on the CPR by 16 November 2001. He added that documentation had been received from 18 former MK and 4 former APLA members who claim other persons used their names to integrate. The report is currently under investigation.
As for auditing of ranking, Mr Bakkes informed the Committee that 2112 serving former NSF members of the SANDF in the rank group Corporal to Major are at present being audited to determine whether they have suffered clear prejudice during the 1994 ranking process before the matter can be further pursued.
Mr Bakkes reported further that twenty members requiring basic bridging training have been reduced to 10, the 1028 corp Bridging Training to 926 and the Career Development Bridging Training from 223 to 150.
In the Airforce, Mr Bakkes reported that of the 703 members 221 are currently doing Bridging and Development training. And in the Navy basic Bridging has been completed. 88 members still require to do Naval Bridging Training and 105 Career Development Training down from 168.
In the South African Medical Health Service, of the 450 members only 376 still have to complete their Basic, Development and Functional Bridging course.
Mr Smit (NNP) asked for the cost implication of the integration process in view of the fact that the numbers involved were that large.
Mr Bakkes replied that the integration process is an ongoing one and that it is now seven years since it was initiated. He said there was no final figure on how many people will be integrated but added that it is the Constitutional right of all who came forward to be integrated no matter how much money it will cost. He acknowledged that the cost factor is definitely substantial.
Mr Smit asked whether it would not be better to concentrate on a new intake into the SANDF than having to integrate people who may have passed the more vibrant and active youthful age.
Mr Bakkes said that although school leavers might be relatively cheap, this exercise was a constitutional obligation which the Department must fulfil.
Mr, Bloom asked which criteria is used during in-take to which Mr Bakkes replied that there was very strict process of sorting out people. Senior MK and APLA officers help verify the names put forward and the process goes through some further scrutiny with the investigating committee which undertakes further verification.
Mr Bakkes said that age auditing was especially rigorous and that there have been cases where some people claim to have been on study abroad which turned out to be untrue. He added that where one is found to have a criminal record then they are excluded from integration.
Mr Ngculu (ANC) said that when the Committee gave some more time for the integration process, it was mindful of the defiance of information decimation. He asked why SANDF had set only one in-take date in February despite this concern.
Mr Bakkes said that the in-take date is the formal date for an en-mass intake. He clarified that those who fail to make it on that day will still be accommodated on an individual level. He added that this measure is to reduce costs whereby no integration structures are set up to receive people after the formal one. Individual cases can be handled without such structures.
Mr Ngculu suggested that there be two formal intake dates so as to avoid excluding some people.
Mr Masilela explained that the rationale for a once off intake date is tied to the question of costs. It would not be prudent for instance to set up such structures only to receive two or three people. It is better to sort out individual cases without formal structures.
Mr Ngculu asked if there are measures to create a safety net for those who have been through demobilisation. He lamented that in the past people had to be demobilised and thrown into the pool of unemployment with no help.
Mr Masilela replied that the Department is looking at the security industry to see if such people could be employed here as an option to an exit.
Mr Smit asked whether the MK and APLA would close down their offices after demobilisation to which Mr Bakkes replied in the negative. He said that these offices will be transferred to the human resource office led by Gen. Musongwa for ease of liaison. He said the aim was to have one single communication channel through which to co-ordinate the process.
In conclusion the Chairperson told the Committee that the Secretary for Defence would soon visit the Committee to explain his role in the Ministry and the Department. He reiterated the point that the Setai Commission should come and account to the Committee as this was long overdue.
The meeting was adjourned.
INTEGRATION PROGRESS REPORT TO THE JOINT STANDING COMMITTEE ON DEFENCE
1. To inform members of the progress on integration since June 2001 as a final report will only be available the end of March 2002.
2. In anticipation of the end of integration being 31 December 2001 the Department of Defence had planned to have a final intake during November 2001 and to integrate additional members on an individual basis before 31 December 2001.
3. The Portfolio Committee has now decided to recommend that integration should end on 31st March 2002 and the Department will have to adjust their intake planning accordingly.
4. At present the names of some 122 former MK and some 68 former APLA members have been submitted by the MK and APLA Personnel Offices to be considered for integration i.e. a total of some 190.
5. It is not certain whether these numbers will change substantially because of extension of the date to 31 March 2002.
6. The SA Army is responsible for providing personnel facilities and capacity to handle the final intakes and during the first three months of 2002 will also be involved in dealing with the new recruits to the SANDF from the school leavers. To deal with large numbers of intergratees during the same period will therefore present a real challenge which will however have to be met. One of the options would be to carry on with the planned November 2001 intake and to handle members who subsequently have to be considered for integration on an individual basis as happened during November 1 999.
PROGRESS ON MATTERS IN JUNE 2001 PIOC REPORT
STATUTORY FORCE INTERGRATION
7 Matter finalized: Home Affairs Department still verifying ID's of former SADF foreign born members.
8. The Portfolio Committee on Defence has recommended 31st December 2002 as the formal end of demobilisation.
9. Due to the passage of time amnesty cases whose names appear on the CPR’s will now be dealt with as part of the final intake and not necessarily on an individual basis.
MEMBERS NOT ON THE CPR
10. Without making any commitment the Portfolio Committee on Defence have invited MKMVA and APLAVA to submit the names of bona fide NSF members whose names are not on the CPR by 16 November 2001. This will enable the Committee to determine the extent of the problem and to take a view on how to deal with the members concerned. This was however not considered to be a matter that should delay the process of the end of integration legislation.
11. Documentation has been received from 18 former MK and 4 former APLA members who claim other persons used their names to integrate. These are currently under investigation by the SANDF.
AUDIT OF RANKING
12. 2112 serving former NSF members of the SANDF in the rank group Corporal to Major are at present being audited to determine whether they have suffered clear prejudice during the 1994 ranking process before the matter can be further pursued.
BRIDGING TRAINING SA ARMY
13. The twenty members requiring basic bridging training has been
reduced to 10, the 1028 Corp Bridging Training to 926 and the Career Development Bridging Training from 223 to 150
14. Of the 703 members 221 are currently doing Bridging and Development training
15. Basic bridging training has been completed. 88 members still require to do Naval Bridging Training and 105 Career Development Training,
down from 168.
SA MEDICAL HEALTH SERVICE
16. Of the previous 450 members only 376 still have to complete their Basic, Development and Functional Bridging courses.
ACTING DIRECTOR INTERGRATION: Radm (JG) SANDF
Update on Integration : 3 October 2001
- TERMINATION OF INTEGRATION AND DEMOBILIZATION
- INTEGRATION ONGOING SINCE 1994
- NSF TO INTEGRATE WITHIN A REASONABLE TIME
- 7 YEARS MORE THAN REASONABLE TIME FOR INTEGRATION TO END
- AMNESTY CASES TO INTEGRATE
- DEMOBILIZATION DATE 31 MARCH 1999 TO BE EXTENDED TO 31 DECEMBER 2002
- PREVIOUS FINAL INTEGRATION DATE OF 31 MARCH 2000 AMENDED TO 2001 DUE TO DELAYS
- PORTFOLIO COMMITTEE ON DEFENCE HAS NOW PROPOSED 31 DECEMBER 2001 AS FINAL END DATE
- FINAL MASS INTAKE IN JULY 1998 FOLLOWING COMPREHENSIVE ADVERTIS~NG CAMPAIGN
- NOVEMBER 1999.31 MEMBERS INTEGRATED ON INDIVIDUAL BASIS
- JULY 1998 AND NOVEMBER 1999 INTAKES INTENDED TO BE FINAL
LEGISLATION INTENDED TO PROVIDE FOR AMNESTY CASES AND VALID OR EXCEPTIONAL CASES OF MEMBERS ON CPR'S
FINAL MK & APLA INTAKE: IMPLICATIONS
SCENARIO 1: ALL MEMBERS INTEGRATE
AMOUNT OF MEMBERS: 262
AVE COST: R69 991
TOTAL FIN IMPLICATION: Rm 18,338
SCENARIO 2: 20 % OF MEMBERS DEMOBILISE
AMOUNT OF MEMBERS: 52
DEMOB COST (B CAT): R34 313
DEMOB FIN IMPLICATION: Rm 1 .784
INTEGRATED MEMBERS: 210
ITEM 10 COST: Rm 14,698
TOTAL FIN IMPLICATION: Rm 16,482
D HR PLAN INPUT
WILL BE SET OFF AGAINST 2001 / 2002 FY RECRUITING BUDGET
[Graphs and tables not included. Emailinfo@pmg.org.za for these]
Appendix A: PARLIAMENTARY INTEGRATION COMMITTEE REPORT: June 2001
SOUTH AFRICAN NATIONAL DEFENCE FORCE
INTEGRATION PROGRESS REPORT TO THE PARLIAMENTARY INTEGRATION OVERSIGHT COMMITTEE (PIOC) 2001
Appendix A: Graphic Representation of Facts contained in this Report.
B: BMATT Report to MOD
1. The aim of this report is to inform the members of PIOC of the background to and current position with regard to the integration of personnel in the SANDF.
2. The following issues are addressed in this report:
- Background regarding the composition of the SANDF in terms of the Constitution, the SANDF Integration Committee (IC) and the British Military Advisory and Training Team in South Africa (BMATT)
Statutory Force integration.
- Termination of Non –Statutory Force Integration
- Certified Personnel Registers (CPRs)
- Integration of members granted amnesty.
- Members not on CPRs and Fraudulent Enlistment.
- Lack of capacity of SA Army and financial and other implications
- Audit of ranking
- Bridging Training
COMPOSITION OF THE SANDF
3. Integration was the process of combining seven military forces into one South African National Defence Force (SANDF)
4. In terms of Section 224 and 236 of the Interim Constitution, 1993, the SANDF at its establishment consisted of
- all members of the South African Defence Force (SADF);
- all members of any defence force forming part of a national territory i.e. former Transkei, Bophuthatswana, Venda and Ciskei defence forces (TBVC); and
- members of a defence force or armed force of a political organisation under whose authority and controls it stands. Initially only Mkhonto we Siswe (MK) was included and later also the Azanian People Liberation Army (APLA).
- In accordance with a constitutional accommodation 2000 members of the Kwa-Zulu Natal Self Protection Force (KZSPF) became eligible for incorporation in the SANDF. KZSFP members were therefore taken into service in accordance with normal employment policies and regulations, as approved by Cabinet at the time.
- Annexure 1 contains a comparison of the Department of Defence Personnel strength per Former Force for 1994, 1996 and 2001 measured against the 1998 Defence Review Guidelines whilst Annexure 2 contains a comparison of race distribution in the DoD for the years 1994, 1996, and 2001.
SANDF INTEGRATION COMMITEE
7. Established in September 1994 the SANDF Integration Committee has played a major role in the Integration process. After more than seven years of integration the outstanding issues are now well addressed and can in future be catered for within the normal SANDF structures. The last IC meeting in its current format will take place in September 2001. The current Chairperson of the IC, Lt Gen A.M. L Masondo, will be retiring in October 2001 from the SANDF. It is not intended that he be replaced. Consideration is however being given to the establishment of a smaller monitoring forum to deal with matters that may arise during the final proposed intakes of former NSF members whose names appear on the CPRs.
BRITISH MILITARY ADVISORY AND TRAINING TEAM: SOUTH AFRICA
8. On 8 April 1994, the South African Transitional Executive Council issued a formal invitation to the Government of the United Kingdom Government to assist in the process of integration in the SANDF. BMATT (SA) become operational on 13 June 1994.
9. The main tasks of BMATT (SA) are threefold as agreed to by the two Governments in the Memorandum of Understanding (MOU):
- The validation of criteria and standards for the SANDF.
- Monitoring assessment, selection and training across all four services of the SANDF, i.e. SA Army, SA Air Force, SA Navy and SA Military Health Service.
- To adjudicate if disputes arise between parties involved in the integration process.
10. BMATT (SA) is commanded by a Brigadier. He is responsible to the UK Deputy Chief of the Defence Staff (Committee) and ultimately to the UK Chief of Defence Staff. In South Africa he is responsible to the Minister of Defence. Commander BMATT (SA) regularly briefs the Minister of Defence, Secretary for Defence, C SANDF and the Service Chiefs on integration issues. Appendix B is the final report of the outgoing Commander BMATT, Brig J.J. Keeling. The new incumbent is Brig S.G. Hughes.
11. BMATT (SA) personnel operate in South Africa under the terms agreed to by the two Governments in a joint MOU.
STATUTORY FORCE INTEGRATION.
12. The integration process of the statutory force members in all the services has been completed, except one administrative matter that is currently being dealt with. This relates to the South African ID documents held by foreign-born members whose citizenship is being verified by the Department of Home Affairs.
NON STATUTORY FORCE INTEGRATION
13. The Termination of Integration Intake Bill together with a Constitutional amendment and an amendment of the Demobilisation Act have been tabled for deliberation by Parliament in 2001.
14. The intention of this proposed legislation is to formally and legally bring the integration process to an end.
15. Subject to the promulgation of the draft legislation a final intake of former non statutory force members will be undertaken prior to September 2001 should this still be the final end date.
termination of integration and demobilization
16. The background regarding the proposed legislation is summarized as follows:
a. Integration has been ongoing since 1994.
b. NSF members had to integrate within a reasonable time, in terms of the Interim Constitution (Act 200 of 1993).
c. Seven years constitutes more than a reasonable time to bring integration to an end.
d. The process cannot deny amnesty cases who were in prison to integrate on being granted amnesty.
e. In terms of the Demobilisation Act (Act 99 of 1996), applications for demobilisation closed on 31 March 1999 and this date will have to be extended to coincide with the end of integration date as proposed in the draft legislation to make provision for possible cases who cannot or do not wish to enter into an agreement to serve in the SANDF.
f. Adequate communication attempts were made to inform former NSF members of their right to integrate in a final mass intake held in July 1998.
g. Forty five members of the July 1998 intake could for valid reasons not report and were given the opportunity to integrate on individual basis during November 1999. Thirty one of these members were in fact so integrated. The remaining fourteen did not report for integration.
h. The July 1998 and November 1999 intakes were intended to be the final intakes.
i. The proposed legislation is intended to provide for amnesty cases and for other cases who for some exceptional or other valid reason have not as yet integrated.
PROVISIONAL LISTS OF NSF MEMBERS ON CPR FOR INTEGRATION
- The MK Personnel Office has furnished a provisional list of 217 names and the APLA Personnel Office a list of 142 names of members on the CPRs who can be considered for any proposed final intake. The final numbers of members will only be determined once the lists have been finalised and the names have been verified.
18. In terms of Section 224 (2) (c) read with 236 8 (d) of the 1993 Constitution, all members of MK and APLA whose names appear on a CPR, were eligible to enter into an agreement to serve (Integrate) in the SANDF if they met the laid down criteria.
19. Those members who are unable or unwilling to serve in the SANDF were dealt with in terms of the Demobilisation Act 1996. A member could either choose to integrate by entering into an agreement with the SANDF or apply to be demobilised. Members who demobilised were paid demobilsation grants.
20. Only members called up for the last integration intake and who qualify may still demobilise subject to the appropriate amended legislation being passed by Parliament.
21. - To date a total of 9 771 demobilisation gratuities were paid out, including 677 gratuities paid to dependants of deceased former NSF members. The total amount paid to date iro demobilisation grants amounts to RM246,2.
CERTIFIED PERSONNEL REGISTERS (CPRS)
22. The submission of CPRs of the non statutory forces ie MK and APLA, were provided for by the Transitional Executive Council Act (Act 151 of 1993) and the Interim Constitution (Act 200 of 1993).
23. These lists (hereinafter collectively called CPRs, although technically the APLA list was termed a Namelist) were to be compiled before 27 April 1994. CPRs submitted before 27 April 1994 were allowed to be updated on a monthly basis. The cut-off-date was extended for MK and APLA to 8 May 1996 and subsequently to 23 August 1996 and 11 October 1996 respectively to enable them to bring their CPRs up to date.
24. During the subsequent two years between 1994 and 1996 MK and APLA brought their CPRs up to date by adding a total of 8 219 names; MK adding 4 355 and APLA added 3 864. By implication the provisions of Schedule 6 of the Constitution (Act 108 of 1998) prohibited any further names being added to the NSF CPRs after 11 October 1996.
25. Therefore only bona fide members of MK and APLA appearing on the CPRs may be considered for integration into the SANDF. The proposed amendment to the existing legalisation in fact is intended to end integration after seven years during which eighteen intakes of NSF members took place.
26. Annexure 3 depicts the status of NSF members as at 15 May 2001 wrt integration, demobilisation and losses compared with the CPRs as follow:
Total numbers on MK & APLA CPRs 44 143
Members integrated in the SANDF 15 641 (MK 10 619 &
APLA 5 022)
Members who demobilised 9 771
Losses, i.e. retired, resigned, discharged or deceased 5 859
Not reported to be integrated or demobilised 12 872
Former SADF members in SANDF 43 036 (82 705 in SADF in 1994)
Former TBVC members in SANDF 5 931
Former KZSPF members in SANDF 1 599
INTEGRATION OF FORMER NSF MEMBERS GRANTED AMNESTY WHOSE NAMES APPEAR ON THE NSF CPRS
27. The Amnesty Committee of the TRC has already granted amnesty to a number of former NSF members still in prison for politically related offences which they committed. An unknown number of applications are in the process of being heard by the Amnesty Committee.
28. Since this category of former NSF members do not form part of a scheduled intake, additional measures to ensure control over the process have been instituted to afford these former NSF members the opportunity to be considered for integration into the SANDF. Even after the date of 30 September 2001, proposed for the end of integration, amnesty case members who apply and conform to all laid down criteria will still be considered for integration, provided they apply for integration within 90 days of being granted amnesty.
29. - Amnesty cases whose names do not appear on the NSF CPRs cannot be considered for integration.
MEMBERS NOT ON THE CPRS
31. In terms of the Constitution no member whose name does not appear on a CPR can be integrated into the SANDF. The fact that a member’s name is not on the CPR is a matter between that person and his/her former force and not one to is be resolved by the SANDF.
32. Consideration could be given by the SANDF to bona fide NSF members whose names are not on the CPRs to be given the opportunity to be recruited into the SANDF via the normal recruiting channels without certain integration privileges, subject to the SANDF having adequate financial capacity and to the persons meeting the requirements of age, qualifications and medical fitness and that suitable posts are available. Their previous NSF service and experience will be taken into account in determining their ranks on appointment as is the case with normal recruiting practice.
33. In the event of such former NSF members being successfully recruited into the SANDF the matter of their previous NSF service to be recognised for pension and leave credit purposes could thenbe pursued.
34. The legal position is that a bona fide NSF member, whose name on the CPR was fraudulently used by another person, and who wishes to now integrate, is to criminally prosecute the perpetrator and remove him/her from the SANDF because according to the State Law Adviser only one person can be accommodated in the SANDF against a name appearing on the CPR. Some 5 such reported cases are currently being investigated by the SANDF.
35. The relevant SA National Defence Force instruction now provides that should it be discovered that a potential integratee’s name was used by someone before, either to integrate or demobilise, the matter is reported to the Director of Personnel Acquisition, who is involved in the integration and who, in conjunction with Chief Military Legal Services, will determine the course of action to be taken. Each case will be handled individually, based on its merits. In appropriate instances the matters are being dealt with by the State organs which deal with fraud cases.
LACK OF CAPACITY OF THE SA ARMY
36. The SA Army does not have the capacity, budget or the resources to handle mass intakes of NSF members or to provide bridging and other training for large numbers of integratees. The SA Army has, however, budgeted to deal with a final intake of approximately 300 NSF members during 2001. Although the SA Army will provide the facilities to handle the final intake the other three Services will also be required to absorb their quotas of integratees.
FINANCIAL AND OTHER IMPLICATIONS
37. By way of example the cost of integrating 300 members at R69 991 per person is RM20,999 excluding the costs of logistics, uniforms, accommodation, food and training. These costs will have to be offset against the 2001/2002 recruiting budget which was intended to recruit 1 600 Grade 12 school leavers into the SANDF and their numbers will have to reduced according to the number of NSF members who integrate.
AUDIT OF RANKING
38. - The SANDF Integration Committee received several requests from former members of the NSF of the so called Wallmannsthal 1, Hoedspruit and De Brug 1 intakes for their ranks to be reviewed.
39. The matter was reported to the Plenary Defence Staff Council which, after a full discussion, decided that a review of ranks should not be carried out in the first instance. It was, however, decided by the Council that an audit of ranking should be carried out.
40. The main aim of the audit is to determine whether, taking all the relevant factors into account and based on the principle of proof that clear prejudice was suffered, a re-ranking may be indicated in respect of specific members.
41. The members involved will be informed of the final results of the audit in due course.
42. Bridging Training in the SANDF is about 85% complete which has resulted in the promotion of former NSF members.
43. It is expected that the members in the SA Army who still require basic bridging training will be reduced to twenty, seven years after integration started, whilst 1 028 former NSF members still need to complete their Corps Bridging Training. The Army Formations have all formulated action plans to reduce the current backlog. In addition 223 members still have to complete Career Development Bridging Training.
44. - There are currently 714 serving SA Air Force uniformed former NSF members of whom 266 are at present under Bridging and Development Training. The task is therefore 63% complete.
45. - The final Bridging Training requirement in the SA Navy will be determined as soon as the placement of individual members has been confirmed. The Chief of the Navy has introduced new processes to expedite Integration and Bridging Training in the SA Navy. Some 88 former NSF members still require to complete their Bridging Training and 168 have to undergo Career Development Training.
46. The relevant Officers Commanding in SA Military Health Service have shown commitment to complete the Bridging Training process and only 450 former NSF members still have to complete their Basic, Development and Functional Bridging courses. Only 8,4 % of Bridging Courses are still outstanding.
47. The Chief of the SA National Defence Force, in conjunction with BMATT, continues to monitor the situation to ensure that all the outstanding bridging training is completed as expeditiously as possible.
48. Annexure 4 shows former force distribution per rank as on 15 May 2001.
49. A full series of medals has been instituted for former NSF Service. The series include awards for deeds of bravery, merit and long service. The revision of qualifying service for long service awards has resulted in 4 668 members of the SANDF who had rendered former NSF service, being decorated. A further 17 members have been awarded campaign medals.
50. Integrating seven different former forces, each with their own culture, traditions and military histories into the SANDF admitting to a common culture and identity, was a very complex process. Adding budget cuts, re-structuring and rationalisation into the same time frame, the integration process remains one of the biggest armed force success stories in recent times. The SANDF is proud of what has been achieved and remains united in common allegiance to comply with the tasks our country’s Constitution assigns to the SANDF.
(LT GEN A.M.L. MASONDO)
CHIEF OF THE SA NATIONAL DEFENCE FORCE: GENERAL
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