Question NW2504 to the Minister of Defence and Military Veterans

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14 September 2022 - NW2504

Profile picture: Xaba, Mr VC

Xaba, Mr VC to ask the Minister of Defence and Military Veterans

1. With reference to the matter between Lembede v Minister of Defence and Military Veterans and others, case number 9642/2020, in which the High Court Gauteng Division on 15 December 2021 held that the findings and recommendations of the Military Ombud made in terms of section 6(8) of the Military Ombud Act, Act 4 of 2012, were nothing but a mere recommendation with no binding effect, and in refusing to accept the invitation to find that the decisions of the Military Ombud stand until implemented or reviewed and/or set aside, what purpose has she found would be served by the Office of the Military Ombud when its proposed relief could simply be ignored; 2. Whether she intends to appeal the judgment and/or introduce amending legislation to give the Military Ombud more authority; if not, why not; if so, what are the relevant details?

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