Monthly Archives:July 2017

ByIsaac Dhludhlu

MILITARY OMBUD SIGNS WORKING AGREEMENT WITH DEFENCE FORCE SERVICE COMMISSION

Two government institutions entrusted with the maintenance of good governance within the Department of Defence have signed a Memorandum of Understanding (MoU) in Centurion today.

The two institutions, South African Military Ombud Office and the Defence Force Service Commission entered into a MoU to provide a regulated cooperation for their mutual benefit; as the Constitution provides that all spheres of government and all organs of state within each sphere must co-operate with one another.

The two institutions share a common goal of maintaining constancy, as they deal with conditions of service of members of the South African National Defence Force.

Office of the Military Ombud is a statutory body established in terms of the Military Ombud Act, No. 4 of 2012 to investigate complaints lodged by either current or former members of the South African National Defence Force regarding conditions of service and complaints lodged by the public regarding the conduct of members of the Defence Force;

Whereas the Defence Force Service Commission is a commission established in terms of Section 62A of the Defence Amendment Act, No 22 of 2010. The Commission is mandated in terms of section 62B of the mentioned Act, to make recommendations to the MOD&MV on improvements of salaries and service benefits, on review of policies in respect of conditions of service, and promotion of measures and setting of standards for efficient and effective implementation of policies for members of the South African National Defence Force.

Part of the agreement is that “where a Party receive a complaint, which falls within purview of the other party’s mandate, receiving Party shall refer the complaint to the other Party for consideration or may refer the complainant to the said Party for further assistance”.

Where the allegations which form the subject matter of the complaint has partial application to the mandate of either party, the Parties shall decide in the interest of proper and effective investigation of the complaint, the party that can best investigate the complaint or to conduct a joint investigation, as the case may be.

Military Ombud Lt Gen (Ret) Temba Matanzima is pleased with the agreement between the two institutions as they are the watchdog of the Department of Defence and Military Veterans in the country. “The Commission is a strategic partner and we are confident that this agreement will benefit our strategic stakeholders which is the members of the military” said Matanzima.

Ends

ByIsaac Dhludhlu

OFFICE OF THE MILITARY OMBUD ACT UNDER SCRUTINY FROM STAKEHOLDERS

The Office of the Military Ombud met strategic stakeholders at the Military Ombud Symposium held under the theme: “Ombud institutions in search their independence and impartiality” at Velmore Hotel in Erasmia centurion on Friday 09 June 2017. Speaking to the delegates, the Military Ombud Lt General (Ret) TT Matanzima says they have witnessed a lot of transgression by some members of the Department of Defence since the start of their Office, when it comes to the application of policies at the expense of the soldiers.

 Matanzima said a lot of complaints they have received in their 5 years in Office has to do with non-compliance with the application of policies which has disadvantaged a lot of soldiers on issues like promotion, transfers, job classification and grading, appointment and appointment processes, salaries, allowances and service benefits amongst others.

 “As an Office we have seen a reduction in these transgressions by members who are supposed to apply policies in place and this is through our recommendations and remedial actions to the Minister of Defence. A number of soldiers now have confidence in our office as we have assisted them with their grievances after they couldn’t get solution through an processes ,” said Matanzima. Matanzima said this at the celebration of their Annual Symposium which also coincided with the swearing in of the Deputy Military Ombud Adv Rendani Marivate who was appointed by President Jacob Zuma in 20 February 2017. Reputable speakers such as Advocate Richard Sizani, Dr Somadoda Fikeni, Mr Mark Alves and Mr Helmoed Heitman came together to share ideas. The discussion intended to deepen an understanding of the concept of the Ombudsman’s and their functionality. In his key note address Judge Francis Legodi said an Ombud plays an important role of being a servant of people and a person who is concerned about those who have less powers and resources to fight those in a position of authority.

 

Judge Legodi speaking to the theme on impartiality said impartiality is a call for even handedness. “It is a call for a fair mindedness. It is a principle of justice holding that the decisions or recommendations you make as Ombuds, should be based on an objective criteria, rather than on the basis of bias, prejudice or preferring the benefit to one person over another for improper reasons,” said Legodi. On Independence Judge Legodi said whilst the appointment of Military Ombud and Deputy Ombud is by the President in terms of section 5(1) of the Military Ombud Act, there are worrying features which may have a negative bearing on the independence of Military Ombud and the Deputy Military Ombud.

 

“In terms of subsection (11) of the Military Ombud Act, the Minister of Defence is entitled to assign to the Ombud any other additional functions which are not inconsistent with the Act”. “This raises other questions. To whom is the Ombud and the Deputy Ombud accountable? Are they accountable to the President who appointed them or to the Minister? This legislative arrangement has the potential to obscure the independence and impartiality of the Office of the Military Ombud. I suspect that other Ombud institutions have similar legislative challenges,” said Judge Legodi.  Matanzima said it has been a torrid 5 years as an Office as they had to juggle the cases lodged by the SANDF members and also at the same time trying to learn the best practices in resolving cases.  “It hasn’t been a smooth ride as in the beginning we have witnessed resistant by the Defence Force to provide information as we conduct our investigations. Despite all that we have soldiered on with our work and today we can proudly say more than a thousand workers of the defence have seen justice prevailing,” lamented Matanzima. 

The Office of the Military Ombud was established to investigate and ensure that complaints against the SANDF are resolved in a fair, economical and expeditious manner.