Questions and Replies

Reply:

a) Twenty-one (21) members form part of the protection service to the Cuban representatives. These members’ tasks include:

(i) Reconnaissance, which is executed each time the Cubans have to deploy or visit a unit/entity.

(ii) En-route protection, during movement.

(iii) Protection at accommodation sites.

b) The current amount spent over six years on VIP Protectors; on S&T, accommodation and food; is R 2, 683 239.46.

Reply:

The SANDF is fully adhering to the court order of Judge Davis dated 06 April 2021. The SANDF does not have any plan to evict anyone without any court order and its court application process for eviction(s) is under way. The members of Happiness Village will stay there until the eviction application by the SANDF has been adjudicated upon and legally authorised.

None of the remaining housing structures in Happiness Village will be demolished by the SANDF. In ensuring that this is implemented, a briefing was given to all uniformed members in Marievale Military Base to the effect that no member of the SANDF was allowed and will never be allowed to assault, harass or threaten any member or occupant of Happiness Village and/or demolish their houses. Furthermore, a copy of the court order was distributed to all members in Marievale Military Base.

The Chief of the SA Army has also promulgated clear instructions requiring full compliance to the court order. Weekly feedback about routine activities and adherence to the court order is provided to the relevant headquarters.

Reply:

1. (a) and (b)The member completed similar courses in Cuba in 1983.

(c) and (i)On a parade officiated by erstwhile C J Ops on 24 March 2006, the member was awarded honorary Special Force (SpecF) insignia; and again on a parade hosted by then Officer Commanding 44 Parachute Regiment on 05 September 2016, he was awarded honorary Dispatcher wings.

(ii) SpecF operations is a top secret matter.

(iii) Only operators currently executing SpecF tasks are required to maintain a jump log, it is not applicable to the member being enquired on.

Reply:

(1) Details requested entail the SANDF’s tactical employment of strategic assets, any information so required may only be disclosed in a closed session.

(2) The Automated Shooting Range (ASR) system will benefit the SANDF as it is intended to improve its members’ shooting skills and combat effectiveness with limited ammunition and the simulation of different combat scenarios in the midst of the dwindling budget allocation.

(3) The ASR was specifically designed for the SANDF; the Department is not aware of a similar capability within the local defence industry.

(4) The system was benchmarked and requested at a bi-lateral (Cuba/RSA) level, thereby no tender process was followed.

Reply:

(1) (a) Project THUSANO has not been extended to operational matters in the SANDF, only the basic maintenance and utilisation at technical level information was exchanged with SANDF members in order to ensure proper servicing of equipment developed together with the Cubans as part of skills transfer.

(1) (b) (i) and (ii) Project THUSANO activities are beneficial to the SANDF as its internal capability is being built. The SANDF dependency on industry for maintenance and repair will be reduced. The cost of training will be drastically reduced, including improving shooting capability in simulation of different types of combat arenas which may be encountered, thereby, reducing the need for physical travel of trainees and the concomitant costs.

(2) Project THUSANO was analysed and compared with SANDF and best international techniques and proved to be the cheapest and cost-effective way of reducing costs of maintenance and repair, as well as acquiring skills through imparting technical knowledge to SA Army artisans.

(3) (a) According to Contract TI 17-001 South Africa Annexure 6 signed in October 2018, the total cost is US$ 5,975,545.00 (ZAR 86,645,402.50) based on a rand-dollar exchange rate of R14,50:US$1.

(3) (b) Economic pressures and budget reductions require innovative and creative approaches as the funds to outsource maintenance and repair are limited. Building internal capability is one of the initiatives intended to manage the limited budget and/or budgetary constraints. The skills could have been acquired very expensive if these members were sent to private institution for training and skills development.

Reply:

(1)(a)(i)(ii) Section 19 of the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996) states, inter alia, that a member shall have the right to retire on pension and shall be so retired on reaching the age determined by the law governing his or her employment. Section 52 of the Defence Act, 2002 (Act 42 of 2002) makes provision for members to be appointed and utilised in the Regular Force from the age of 18 to 65 years of age. In terms of Regulation 21 of Chapter III of the General Regulations for the South African National Defence and the Reserve an officer serving in the Permanent Force shall have the right to retire on pension and shall be so retired, on the date when he or she attains the age of 60 years. Regulation 22 of Chapter III also states that the maximum age limit for temporary service in the Permanent Force shall be 65 years. In terms of the Regulation 29 of the Regulations for the Reserve Force, the date of retirement of a Reserve Force member may be extended to the date on which he or she attains the age of 75 years.

(b) The following are the reasons and motivations for certain persons not retiring at the age of 60:

i) To ensure continuous effective strategic direction and management to the SANDF.

ii) To ensure the effective management of medical and health services to the Department of Defence (DOD).

iii) To retain specialist skills, especially where there is a shortage of skilled members in the Senior Management System, such as Medical Officers and Special Forces Operators.

iv) To ensure the retention of experienced members to mentor young and inexperienced members.

(2) The Defence Act makes provision for members to be appointed and utilised in the Regular Force from the age of 18 to 65 years, while the Regulations for the Reserve Force makes provision for the extension of the retirement of a Reserve Force member from 65 to 75 years.

Reply:

The question is vague as it is not clear when it is alleged that I “neglected to respond to the previous Advisory Council”.  I issued a Ministerial Directive in 2019 on the interpretation and application of the mandate of the Advisory Council with specific reference to, amongst others, this provisions in the Act, and it is trusted that once a new Council is appointed that  they will operate within these parameters. 

 

 

Reply:

The former South African Ambassador to Cuba His Excellency Mr Pitso coordinated the donation and requested the SANDF to take the collected items to Cuba since there was a chartered flight to Cuba which was taking personal artefact for students in Cuba and fetching those that has completed their studies. This was under special circumstances when borders were closed in many countries.

The former Ambassador is in regular contact with the Cuban Mission in South Africa, hence he got to know about the flight to Cuba by the SANDF for their own members as well as those of the NDoH. The arrangement was between the Embassy of Cuba and the donor.

Private organisations and individuals would normally not have this service available to them.

Reply:

(1) (a) and (b)

Yes consideration was given to concerns raised not only by the Portfolio Committee but previously by the Minister and the Defence Force Service Commission.

Combat Boots

The SA Army engaged the Council for Scientific and Industrial Research (CSIR) on the improvement projects of uniform and combat boots. The boot project of Special Forces was revived and improved as it was found to be suited for use by the SA Army. Development of the proposed boot for the SA Army with wearer trials of the new combat boot commenced on 01 December 2020.

The new boot roll-out will commence from 01 July 2021 to all SA Army members within the SANDF with priority given to operationally deployed Units and Individuals, replacing the current combat boot. This roll-out is pending the availability of funding to support and implement this project.

(1) (b): Camouflage Uniform

The improvement of the textile used for the cut, manufacture and trim of camouflage uniform is also being done in collaboration with the CSIR.

The first concept uniform designs will be presented to the SA Army Council by 30 March 2021 for approval.

Wearer trials for the new uniform design will commence from end June 2021 and a phased full roll-out is scheduled from December 2021 pending the availability of funding for this project.

A well-deserved funding injection of the budgetary allocation to the SA Army will aid in addressing the replacement of the current combat dress system with the quality available within the market through collaboration with the CSIR.

Reply:

1. The Commander in Chief requested medical support from the Republic of Cuba to assist in curving the spread of the COVID-19 pandemic in South Africa. In response to the Commander in Chief’s request, the Cuban Government offered a team that consisted of a Medical Health Care Brigade. The Department of Defence (DOD) was allocated with military health care professionals. The South African National Defence Force (SANDF) chattered an aircraft to transport the Cuban medical practitioners, who arrived in South Africa on 27 April 2020.

In adherence to the World Health Organisation COVID-19 regulations, the DOD established a quarantine centre for personnel entering the borders of the Republic of South Africa (RSA). The Cuban Medical Health Brigade was quarantined at the identified centre. On completion of the quarantine, there was a delay in securing accommodation in the different Provinces due to the Level 5 national lockdown.

Consequently both military and the civilian Medical Health Brigade from Cuba were transported in the SANDF chattered aircraft at the cost of R8, 227, 060. 00, and on arrival they were accommodated and quarantined at the identified quarantine centre at the cost of R22, 000, 000.

2. The DOD chattered an aircraft to transport the Cuban Medical Brigade in order to assist with the spread of the COVID-19 pandemic within the SANDF. Therefore with the pandemic having affected the whole country, the department carried the cost. In the interest of the national objective to curb the spread of the COVID-19 pandemic, the DOD paid for accommodation, chattering and quarantine.

Reply:

1. Mr Mooketsi an employee of the Department of Education, Gauteng who was out on bail for an unrelated armed robbery case was arrested  in Springs in possession of an R4 Assault Rifle and 3 x empty R4 magazines. 

2. Mr Mooketsi was charged and appeared at the Springs Magistrate Court on February and April 2020 respectively.  He was remanded in custody pending his next court appearance on 04 May 2020.  The case was then postponed to 20 August 2020 for trial.  The accused was found guilty and sentence to 6 years imprisonment.”

Reply:

On 30 September 2020, payment to the Department of Defence was made in the amount of R105 545.46

Reply:

1. a. What is the progress of the investigation? The case is at Court of Senior Military Judge for trial.

b. What charges were brought against the SANDF Staff? Housebreaking and Theft and alternative charge of Negligent Loss of Firearms.

c. What is the total number of SANDF Staff who –

i.  were suspended? Fourteen (14) members.

ii. were charged? Fourteen (14) members.

iii. are still suspended but not charged? None.

iv. are still suspended and being paid their salaries? Six of the seven members that are still on suspension are receiving salary of which five members suspension are in process to be uplifted (As discussed with GOC SA Army Engineer Formation).

v. were charged and have appeared in a Court of Law? Fourteen (14) members.

2. What are the details of the munitions (a) stolen and (b) recovered? Eighteen (18) R4 Assault Rifles and three (3) 9mm Pistols ( 9mm Vector, 9mm Baretta and 9mm Star) were stolen of which eighteen (18) R4 Assault Rifles and two (2) 9mm Pistols (9mm Vector and 9mm Baretta) were recovered.

3. Whether any stolen weapons were recovered; if not, what is the position in this regard; if so, (a) where and (b) on what date did the recovery occur?

(i) Eighteen (18) R4 Assault Rifles and two (2) 9mm Pistols were recovered. The one 9mm Pistol that is still missing, was circulated.

(ii) On 08 February 2020 one 9mm Vector Pistol was recovered in Kwa-Thema and one R4 Assault Rifle was recovered in Springs. Thirteen R4 Assault Rifles and one 9mm Pistol were recovered in Daveyton on 09 February 2020. The last remaining four (4) R4 Assault Rifles were also recovered in Springs on 30 May 2020.

 

Reply:

1. The SANDF does not have members deployed to Mozambique.

Reply:

(1) Yes

(2) There are ongoing discussions on all aspects affecting military veterans and currently a task team is headed up by the Deputy President to attend to pressing matters affecting military veterans.

(3) R 4 852 145.00

Reply:

1. (i) Sufficient budget allocation is available in the Special Defence Account to meet the contractual obligations related to Project HOTEL.

(ii) The department has however conducted a reprioritisation exercise to allocate the remaining SDA budget and to ensure that sufficient funding will be available to meet the contractual obligations on Project BIRO.

(iii) The Special Defence Account has been reduced by approximately R9 billion from 2018 after the Project BIRO contractual commitments were already finalised.

2. Funding is not transferred to Armscor for prime mission equipment acquisition. Armscor as the procurement agency for the department manages the procurement and contracting process on behalf of the department. The payment is then released directly to the supplier from the DOD account via the Reserve Bank. The payments are made after Armscor, as the contract manager, has confirmed the achievement of the specific milestone on the contract.

Reply:

The information required in this Parliamentary question relates to matters of

Border Safeguarding and are security sensitive.

The response to this question can be disclosed in a closed session of the Joint Standing Committee on Defence and/or Joint Standing Committee on Intelligence.

Reply:

The information required in this Parliamentary question relates to matters of

Border Safeguarding and are security sensitive.

The response to this question can be disclosed in a closed session of the Joint Standing Committee on Defence and/or Joint Standing Committee on Intelligence.

Reply:

The information required in this Parliamentary question relates to Operational matters that are security sensitive.

The response to this question can be disclosed in a closed session of the Joint Standing Committee on Defence and/or Joint Standing Committee on Intelligence.

Reply:

1.(a) The eastern part of the fence of the 6 South African Infantry Battalion (6 SAI Bn) training area is absent as it has been stolen. (b) A Project was registered and sent out for tender via the Department of Public Works and Infrastructure (DPWI), but the process was placed on hold by DPWI due to insufficient funding.

2.The SA Army is aware of complaints by farmers adjacent to the 6 SAI Bn training area, centred on stock theft and illegal poaching, exacerbated by the absent perimeter fence, and has reported this to the SANDF. The Defence Works Formation is co-ordinating the restoration of the absent perimeter fence with the provincial Department of Public Works and Infrastructure, on behalf of the Department of Defence.

3. Static and Roving guards from 6 SAI Bn are in place and patrolling the vast training area.

Reply:

The Erf in question is curently the subject of discussions at the Inter Ministerial Committee on Land Redistribution and the response will be provided once the discussions are finalised.

I

Reply:

OFFICE OF THE MILITARY OMBUD

Ser No	Question	Response
	a.	b.
1.	Mr T C R Walters (DA) to ask the Minister of Defence and Military Veterans: Whether (a) her department and/or (b) any entity reporting to her makes use of private security firms; if not, what is the position in this regard; if so, in each case, what is the (i) name of each firm, (ii) purpose, (iii) value and (iv) duration of each specified contract?	The Office of the Military Ombud is utilising a private security firm. The details wrt the question posed are as follows: a) Name of Security Firm: Wenzile Phaphama Trading and Projects. b) Purpose: A security assessment was done and according to the recommendations received it was essential for the Office to acquire the services of a physical security. c) Value: R854,324,60 d) Duration of Contract. 01 September 2019 – 31 August 2021

ARMSCOR

Yes Armscor SOC Ltd and the R&D Facilities do make use of private security

For the Gauteng area (HQ building, Protechnik and Gerotek)

-Tyeks Security Services

- Guarding services

- R24 886 076.16

- 3 years from 1 October 2020

Westen Cape (IMT building)

- TDP Enterprise and Projects

- Guarding services

- R 3 125 021.76

- 3 years from 1 November 2020

Northen Cape (Alkanpan test range)

- Bomogale Enterprise (Pty) Ltd

- Guarding services

- R11 088 255.20

- 3 years from 1 October 2020

CASTLE CONTROL BOARD

The Castle Control Board (CCB) does not utilise private security.

DEPARTMENT OF MILITARY VETERANS

Curretly the Department of Military Veterans is not making use of the private security firm. The DMV Head Office is guarded by the SANDF Reserve Force members with effect from 01 April 2020 to date as a temporary measure. The landlords provide security services for Provincial Offices.

The department has commenced with the process of procuring the Private Security Service Provider for the DMV Head Office.

DEPARTMENT OF DEFENCE

The Department of Defence is house within ARMSCOR and all security needs of the Department are taken care of by ARMSCOR.

DEFENCE FORCE SERVICE COMMISSION

The Defence Force Service Commission does not make use of a private security company.

Reply:

1. For the 2019/2020 financial year, Armscor incurred R44 296 000 for consultants and professional fees. The fees incurred were in relation operational expenditure for the following reasons:

• Contractor services related to building maintanance (electric, pest weed and pollution), security services, infrastructure upgrade project (to upgrade facility to comply with DPWI requirements for the rental of facility on the behalf of the DOD), ICT related services (normal course of business services of equipment and ICT software), expertise for the implementation of integrated reporting and cleaning services

• Expert services required for statutory audit , ie. valuation of properties, actuarial valuation of Armscor’s post retirement medical liability,

• Facility accreditaitons, which are required for facilities to operate and generate revenue

2. Armscor last paid Fever Tree during the 2018/2019 financial year, and no payment was made to Fever Tree during the 2019/2020 financial year.

Reply:

In response to a request made by the Honourable Member under the Promotion of Access to Information Act, the Honourable Member was informed in 2020 that the meeting was a verbal meeting and no minutes were recorded.

Reply:

Armscor disclosed an amount of R585 000 relating to penalties in the 2019/20 Annual Report. Of this amount R 190 000 was relating to the 2019/20 financial period and R395 000 to the 2018/19 financial period.

These penalties were levied on Armscor’s facilities (Protechnik, Flamengro and Ergotech) in the execution of work for the Department of Defence where services/products were delivered late and were therefore penalised. Late deliveries occured due to a lack of of capacity due to resignations as well as technical dificulties experienced.

The services rendered were in relation to :

• Non enginerring work on the upgrade of the SANDF’s mobile defence laboratory technology demonstrator ;
• Increasing the range of current artillery systems in the SANDF ;
• Development and testing of sample body armour sizes for SANDF males and females.

The reasons for all penalties levied were investigated and the appropriate corrective actions taken in terms of Armscor’s disciplinary processes.

Reply:

(a) There is a process underway to review the provisions of the Act.

(b) The last meeting was held on 13th October 2020 with the Deputy Minister.

Reply:

1.  The Advisory Council did not submit its reports to me to enable tabling in the National Assembly.  I did engage on the matter and even issued a Ministerial Directive in 2019 on the interpretation and application of the mandate of the Advisory Council with specific reference to, amongst others, this provision in the Act.

2. It cannot be furnished as same has not been submitted to my Office.

Reply:

I am advised that the SANDF is not harassing anyone resident at the said Military Base.

Reply:

1. All SANDF members, even while deployed, fall under the Military Disciplinary Code (MDC) which is a regulatory framework that provides for the application of justice to all members that contravene DOD regulations, policies, orders and instructions as well as for misconduct and ill-discipline in the conduct of their duties.

2. SANDF deployed members, when on or off duty, follow and apply the same laid down COVID-19 health protocols applicable to everyone (public) in the RSA (scanning, screening, testing, sanitizing, hand washing, social distancing). They are regularly provided with the necessary PPE’s required, regular information and awareness is conducted.

3. (a) No members of the SANDF, deployed during the lockdown period, were placed under self-quarantine, however, members follow and apply the same COVID-19 health protocols applicable to everyone (public) in the RSA wrt self-quarantine/isolation measures applicable for contact, exposure to virus infection situations or infection; to wit; re-testing and declaration of status before reintegration.

(b) On completion of the required quarantine/self-quarantine or mandatory isolation period the members return to their work activities.

4. (a) Since the commencement of lockdown (March 2020 to date) there were 4 incidents recorded.

(b) Members received continuous in-post training on the correct handling and usage of weapons as well as the Code of Conduct and the Rules of Conduct and Engagement (ROCE). Operational Law Training, which also includes the rules guiding the opening of fire (shooting) is conducted regularly during operational deployments

 

Reply:

The Minister is in the process of filling 10 vacancies on the Advisory Council as prescribed by the Act.  There is currently no Association in place, those three vacancies will be filled as, and when an Association has been elected.

Reply:

1. The previous Chief Executive Officer of Armscor’s last day of service was 30 April 2019.

2. The Board considered and approved payment of performance remuneration for the 2018/2019 financial year, at its sitting on 28 August 2019. This was after receiving the Auditors General’s report, which confirmed the satisfactory performance of Armscor against agreed objectives and goals.

3. Upon meeting the requirements of his performance contract, Armscor paid 20% of the total remuneration package, which was approved by the Board. The total taxable amount was R763 200-00 and R419 760.00 (after tax) was paid on 13 September 2019.

4. On termination of service on 30 April 2019 the previous Chief Executive Officer received his normal monthly salary plus the leave payment for accumulated vacation leave credit of 23,43 days. This is in accordance with the Armscor conditions of employment which reads as follows:

“When an employee leaves Armscor's service, he/she is entitled to convert his/her leave and long service leave into cash, calculated on total cost to Armscor on day of termination of service.”

The taxable amount for the accumulated leave days was R425 134.78 and R233 824.13 (after tax) was paid on 30 April 2019.

5. The previous Chief Executive Officer received no performance remuneration payment for the 2019/2020 financial year.

Reply:

1. (a) The South African National Defence (SANDF) has the responsibility to provide security for any of its guests on the South African soil. This is based on diplomatic responsibilities by utilising our current inherent Protection Services for movement, protection and security of the Cubans during deployment.

(b) The VIP Protection Services comprises of members of the SANDF, and therefore the detachment of this Service to Project THUSANO does not involve additional cost either than what is already utilised as an inherent service within the Department of Defence.

Reply:

a) The Public Service Regulations (PSR), 2016, provides for the Head of Department to establish a financial incentive scheme for employees or any category of those employees.

The Department of Defence pays a Performance Bonus in terms of its Performance Management and Development System (PMDS). The Performance Bonus is a financial reward granted to eligible officials in recognition of performance that is significantly above expectations provided that the official completes a continuous period of at least twelve months in his/her salary level on 31 March of a specific year.

(b) The amounts budgeted are indicated in the table below:

FY2017/18	FY2018/19	FY 2019/20
Budget Vote	Expenditure	Budget Vote	Expenditure	Budget Vote	Expenditure
R355,996,901	R191,601,890	R277,289,665	R200,571,892	R289,517,939	R224,545,442

Reply:

1. The Sensor Strategy is completed and is in the process of final approval by higher authority.

2. The implementation timelines can be confirmed if and when the Sensor Implementation Plan is funded.

3. In terms of the threat analysis all borders and ports of entry are prioritised.

Reply:

(1) Ms NN Mapisa-Nqakula, Ms LD Zulu, Ms NP Mokonyane, Mr E Godongwana, Mr A Magashule, Mr MD Legoete, Mr TS Yengeni, Ms NG Gqirana, Mr B Ngobese, Dr MM Chabedi, Dr SMB Makwela.

(2) (a)(i) Ms NN Mapisa-Nqakula, Ms LD Zulu, Ms NG Gqirana, Mr B Ngobese, Dr MM Chabedi and Dr SMB Makwela were on an official visit to Zimbabwe. (ii) and (b) The remainder of the passengers were not on an official Government visit but joined the flight at my invitation.

(3) (a) The Republic of South Africa and the Republic of Zimbabwe are both currently members of the SADC Troika. South Africa, as a troop contributing country to the MONUSCO Force Intervention Brigade (FIB), in the Democratic Republic of the Congo, has been seized over the last two months together with other SADC members and especially the Troika members with discussions on the way forward in regard to the continued existence and composition of the FIB in light of recent changes proposed by the UN. As countries neighbouring Mozambique we have also been engaged bi-laterally and through the meetings of the SADC Troika and SADC as a whole with the disturbing reports emanating from that country in relation to alleged insurgencies and terrorist activities. It is in the context of the above background that I contacted my counterpart, Ms Oppah Chamu Zvipange Muchinguri-Kashiri, the Minister of Defence and War Veterans in the Republic of Zimbabwe to request an official visit to allow us to conduct a bi-lateral meeting to focus on these matters at hand.

(b) The SAAF calculated the total cost of the flight as R232 200.00

(4) No.

Reply:

(1)(a) A total number of forty eight (48) allegations of sexual misconduct cases were reported in the SANDF from the different Arms of Service since 01 January 2020.

(b)(i)(ii) Of the 48 cases, eight (8) cases have been finalised (five [5] guilty verdicts, one [1] acquittal and two [2] withdrawn). Forty (40) cases are still in progress, with four (4) awaiting court dates, four (4) referred to SAPS and thirty two (32) still under investigation.

(2) The report of the Ministerial Task Team (MTT) isis currently being printed and will be presented to the Minister shortly.The MTT mandate ends end of December 2020. 

Reply:

1. (a) The Cyber Defence Strategy was approved by the Council of Defence.

(b) The Defence Intelligence presents bi-annually to the Joint Standing Committee on Intelligence (JSCI), which includes the funds spend and members trained towards the fulfilment

Reply:

1. The vetting target for the financial years as indicated was as follows:

Financial Year	Target	Achievement
2017/18	6500	4328
2018/19	7000	3584
2019/20	7500	7167

2. The Defence Intelligence presents bi-annually to the Joint Standing Committee on Intelligence (JSCI), which includes the personnel strength of both uniform and civilian members of the Division.

Reply:

1. The Defence Intelligence, Directorate Vetting Strategy and Implementation Plan is being implemented, however, due to capacity challenges the previous vetting targets of FY2019/20 could not be achieved.

2. Defence Intelligence has managed to make progress to achieve the vetting targets which relates to:

a. The staffing of vacant post to capacitate Directorate Vetting.

b. The decentralisation of confidential clearances to the lowest level within the SANDF.

Reply:

1. Yes we do use UAVs but cannot disclose their type, as that would be compromising the security of this country.

Reply:

1. No, EX MAFADI is conducted at the Drakensberg mountain range,

(b) Practical exercise on how to provide legal support during internal and external operations, operations with other state departments, peace keeping operations, operations other than war and during war

2. EX MAFADI is the Field Exercise for the Joint Battle Handling Course (JBHC) for Military Law Practitioners and a Combat Readiness Exercise for the Defence Legal Service Division (DLSD).

3. The supporting documents will be made available to the members of the Joint Standing Committee on Defence as these are classified documents.

4. NO

Reply:

There is NO person who died in custody and/ or detention of the SA National Defence Force in the period between 1 April 2020 and 31 August 2020.

Reply:

1. (1&2) (a)(i) (ii)(aa) (bb)(aaa)(aaaa) - 1 April 2017 until 31 December 2019

(a) Firearms

S/No		Number Stolen	Number Lost	Action taken
	Type	Calibre
	a	b	c	d	e
01	R4	5.56mm	47	None	Case still under investigation
02	R 5	5.56mm	10	None	Case still under investigation
03	Star	9mm	04	None	Case still under investigation
04	Z88	9mm	10	None	Case still under investigation
05	Sig Sauer	9mm	02	None	Case still under investigation
06	Baretta	9mm	05	None	Case still under investigation
07	Vector	9mm	01	None	Case still under investigation
08	Glock	9mm	01	None	Case still under investigation

b) Ammunition

S/No	Ammunition	Type	Calibre	Stolen	Lost	Action taken
	a	b	c	e	f	g
01	Small calibre ammunition	R4/R5	5.56mm	7618	None	Case still under investigation
02	Small calibre ammunition	9mm	9mm	07	None	Case still under investigation
03	Small calibre ammunition	LMG	7.62mm	04	None	Case still under investigation
04	Small calibre ammunition	5.45mm	5.45mm	340	None	Case still under investigation
05	Small calibre ammunition	9.19mm	9.19mm	01	None	Case still under investigation
06	Small calibre ammunition	12.7mm	12.7mm	01	None	Case still under investigation
07	Yellow smoke grenade	Yellow smoke grenade	Yellow smoke grenade	01	None	Case still under investigation
08	Stun grenade	Stun grenade	Stun grenade	01	None	Case still under investigation

2. What number of the specified firearms and ammunition were recovered and/or found to be linked to crimes.

(a) None

Reply:

Following on recent case law in this regard, the SANDF is busy reworking its medical classification policies to ensure that there is no discrimination against members who are HIV positive.

The SANDF cannot provide the number of HIV positive applicants enrolled in the SANDF.

Reply:

	FY 16/17	FY17/18	FY18/19	FY19/20
	a	b	c	d
Murder	0	0	0	0
Unlawful Arrests	0	0	0	0
Assault GBH	1 Assault GBH member assaulted a civilian lady. Accused found guilty and fined R3000.	0	1 Assault GBH Member assaulted a civilian. 1st court appearance was on 24/4/2018, remanded, no further court date supplied.	1 Assault GBH Member assaulted a civilian. Case withdrawn by Wynberg Magistrate court.

This report relates to finalised cases where members have been convicted and do not include statistics on pending charges given the manner the questionwas phrased.

Reply:

(1) The performance of Denel against contracts for the DOD is currently being hindered to a great extent as a result of their financial distress which is impeding the procurement of subsystems and components required for meeting their contractual deliveries, as well as a significant loss of capability in certain critical areas.

Armscor and the DOD have developed alternative options with respect to the future of Denel, which will be presented for consideration by decision makers within government. It is clear that, without a significant bailout by Government, Denel will not be in a position to exist in its current form, nor will it be in a position to meet its contractual obligations to Armscor.

Denel possesses specific critical strategic and sovereign capabilities that are not duplicated elsewhere in the RSA, and the proposed options for going forward are aimed at maintaining at least those identified strategic and sovereign capabilities.

At present there is no imperative to restructure Armscor. Armscor recently completed a turnaround process which resulted in a restructuring that was aimed at optimising the performance of the organisation and which furthermore focussed on increased revenue generation in view of the decrease in the Defence budget and anticipated decreases in the transfer payment allocated to Armscor.

(2) Over the past few years, Project Hoefyster has suffered from significant delays and Denel is currently reneging on their contractual deliveries on this project. During 2018, Denel formally indicated to Armscor that it cannot complete the project within timescales, specifications or within budget, and requested a reset of the contract.

Armscor has presented several options with respect to going forward with the project to all relevant forums within the DOD. These options were thoroughly considered by both Armscor and the DOD, and a preferred option of deferment of the project was further developed and motivated. This option was supported by the SA Army, and has been presented to the respective governance forums within the DOD and was eventually recommended to the Armaments Acquisition Council (AAC) which is chaired by the Minister of Defence and Military Veterans. The AAC is the final decision making authority on projects, and it will provide guidance with respect to the preferred option regarding going forward with the project.

(3) In spite of the decline in the Capital Budget of the DOD which forms part of the Special Defence Account, sufficient funding is available to fund both projects Biro and Hotel. Neither of the projects will thus be delayed as a result of insufficient funding and Armscor will not be defaulting on any of the contractual payments. The worsening Rate of Exchange of the South African Rand against the Euro and other major currencies is placing significant pressure on the available budget for both projects, but the DOD has to date been able to provide sufficient funding to maintain the required budget for the projects.

Some delays on both projects have however been incurred as a result of the COVID-19 Lockdown and the resultant inability to import certain critical subsystems, but both projects are endeavouring to make up the delays that have been suffered. At present, project Biro is still expected to deliver the first vessel on time (January 2020), while a number of the contractual deliverables on project Hotel have been completed ahead of time.

In this regard, it is not expected that there will be any negative impact on the management of the anticipated Dockyard activities.

Reply:

1. Unknown. The SA Army cannot pronounce itself on the functioning of the 32 Battalion Trust Fund or its continuation after 24 November 2005 when it ceased to be administered by the SA Army Foundation.

Reply:

1. No, the Auditor General has not conducted an audit of the 32 Battalion Trust Fund. The office of the Auditor General does not have auspices over such Non-Public Fund (NPF) entities. The 32 Battalion Trust Fund was facilitated by the SA Army Foundation (an NPF entity); any tenuous association ceased when the funds were paid over to the 32 Battalion Veterans’ Association on 24 November 2005.

Reply:

(1) Most of the ammunition at the depot is old, but the ammunition is however not unstable. The life cycle of ammunition is not given in years, and it cannot be predetermined when ammunition reaches the end of life, or even when it will start to become unstable. For that reason annual inspections and functional testing are executed by the South African National Defence Force (SANDF). Various factors however influence the time span on how ammunition age and potentially become unsafe. The two worst case environments for explosives are heat and humidity, and therefore the controlled storage inside the licensed ammunition warehouses is. Annual inspections and testing are executed against specifications, designed for each type and configuration of ammunition to ensure both functioning as well as safety. Furthermore unserviceable ammunition is ammunition that is not functioning within specification, but it is still safe for storage, handling and transport. There are serviceable and unserviceable ammunition in the depot, where the backlog on disposal is on the unserviceable ammunition. There is no unstable ammunition in the depot. As soon as there is an indication from the annual testing and inspection that the possibility of ammunition become unsafe is there, these ammunition is destroyed or even sold back to the original equipment manufacturer before it could become unstable, in order to ensure that there is no safety implication from old ammunition in the depots.

At 97 Ammunition Depot there are approximately 8 000 tons (Nett Explosive Content) of unserviceable ammunition, measured in the explosive weight of the ammunition. This is primarily made up of small arms ammunition, mortar ammunition, hand and rifle grenades, aircraft bombs, artillery shells and medium calibre ammunition. The tonnage changes on a daily basis as ammunition is sold or destroyed, or as ammunition are regraded due to the inspections and dynamic testing. The phase out of weapon systems also has an influence on these tonnages.

(2) Ammunition is stored according to predetermined safety groupings in various designed for and licenced ammunition warehouses. These are designed to contain a possible explosion to those specific warehouses, and are thus traversed with a minimum safety distance to the next warehouse. The licence of each warehouse will indicate what types of ammunition can be stored there, as well as the maximum quantity of each type, in order to ensure the containment of a possible explosion. There are also an outside safety distance, taking into account all ammunition and explosives in all warehouses, to ensure the safety of personnel and infrastructure outside the depot. There is furthermore no ammunition or explosives stored in field storage, which could nullify this safety distances.

The department will carry on with the following steps to manage and reduce the ageing of ammunition. While the under mentioned steps will drastically reduce the old ammunition in the depot during the next 8 years, the ammunition will be able to be stored, handled and transported safely due to the storage conditions and annual management and prioritisation of the ammunition processes :

a. Continue with the annual inspections and dynamic testing in order to prioritise the disposal of potential unsafe ammunition.

b. Continue with the annual surveillance and chemical analyses of the propellant program, as was done for more than 10 years already, in conjunction with the industry.

c. Continue with ammunition disposal of approximately 1000 tons a year by means of sales through Armscor, which include aircraft bombs, 68mm

obsolete rockets, medium calibre ammunition and 90mm redundant ammunition, as well as conventional destruction of all other types of ammunition.

d. The conclusion of the upgrading and maintenance contract of the inert deforming facility, which was done over the past three years, followed by the already planned expansion of the facility to include explosive filled breakdown of ammunition, with the 140mm ammunition as a pilot project, over the next 4 years.

e. The rework of the mortar bombs on a new charge and tail configuration, which will upgrade the bombs from an obsolete and unserviceable condition to a serviceable condition for force preparation and force employment.

f. The placement of a destruction contract for small arms ammunition on the original equipment manufacturer is also in process as was twice done in the past.

(3) All ammunition depots and installations are to meet the requirements in terms of SANS Code of Practice 10313 of 2012, in conjunction with SANS 62305 and IEC Standards. Currently the lightning conductors are not certified. During April 2019 a process commenced to rectify these requirements. A Scope of Work and motivations were submitted to the Procurement Board, and service providers were invited on various occasions during 2020 for quotations in order to certify the lightning conductors. All three ammunition depots’ contracts have been approved for the annual service of the lightning conductors, and contractors has thus already been appointed. All funding has been put in place for these contracts, and all lightning conductors at the various depots will be certified and serviceable after the completion of this process by the contracted supplier. The Department of Defence is in the process of outsourcing the training of members in the assessment, testing, repair, maintenance and certification of the lightning conductors within the Department. The capability would thus be beneficial to the Department in the long term, as all other facilities would also be internally serviced in terms of laid down prescripts. This training should be completed in the next academic year.

(4) At the depot there is an outside perimeter fence, a three tier high security fence, guards as well as a two lock system on each of the ammunition warehouses, with all ammunition locked in warehouses. The high security fence consists of a three tier fence system, of which the middle fence is an electrical fence. The lapse of a maintenance contract entails that electricity of this fence is shut down. The three tier fence, inclusive of the gates, are however still serviceable and in working condition. Additional guards have been put in place to enhance security while the electrical fence is switched off. The maintenance of the high security fence is currently effectively executed by SANDF personnel. Once the project to upgrade the high security fences is finalised, a maintenance contract for the new fences and systems will be awarded again, as the SANDF does not have the capability to manage the electrical fence.

Reply:

1. Unknown. The 32 Battalion Trust Fund was under facilitation of the SA Army Foundation for a short duration as a Non-Profit Fund (NPF). This remote connotation with the Trust Fund ceased on 24 November 2005 with the payment of all monies of the Trust Fund to the 32 Battalion Veterans’ Association. The SA Army had no insight nor provided any direction to the Trust Fund management on its financial aspects, including the purposes of the fund and/ or its expenditure, prior to or following this payment and cessation of the relationship.

2. (a) The 32 Battalion Trust Fund was established on 01 April 1993 as a Non-Public Fund (NPF) and was managed by the 32 Battalion Veterans’ Association.

(b) and (c) It is not known to the SA Army what amount of monies were administered by the 32 Battalion Veterans’ Association as the 32 Battalion Trust Fund is not under any purvey of the SA Army since 24 November 2005, when a payment of R954,218.12 was made by the SA Army Foundation to the 32 Battalion Veterans’ Association (in the name of Miracle Mile Investments 39 (Pty) Ltd.). The SA Army was never privy to the management of the 32 Battalion Trust Fund.