The Office of the Military Ombud has not to date received any complaint directly emanating from the activities of that day and therefore has not had an opportunity to look into the matter.
The Minister is the political head of the DOD and exercises control over its functioning and therefore better placed to direct the command channel to comply with the recommendations of the Military Ombud.
A complaint must be lodged on the prescribed Military Ombud Complaint Form. This form is obtainable from the Military Ombud website and can also be downloaded from the DOD Intranet. The form must be completed and submitted via post, fax, and e-mail or by personal delivery to the Office.
The Ombud may refuse to investigate a complaint if a member has not first used the mechanisms available under the Individual Grievance Regulations, 2010, unless the complaint relates to problems inherent in the system which bring about an adverse result to the complainant.
Ideally yes, in practice the decision to open provincial offices would be influenced by the extent of caseload for each Province.
The MOU outlines co-operative operational framework and the necessary steps to develop suitable standard working procedures and further resolve any dispute or misunderstanding through consultation and negotiation between the signatories.
Any person aggrieved by the decision of the Ombud may apply to the High Court for review of that decision within a period of 180 days of the decision of the Military Ombud.
At all material times, the Military Ombud endeavors to keep the complainants regularly informed of all developments around their complaints. In order to increase its accessibility the complainants the Military Ombud has opened a toll free line where enquiries may be made about a complaint.The Office also accepts “walk-ins” by complainants where such is justified.
The Military Ombud has signed Memoranda of Understanding (MOU) with a number of Chapter 9 Institutions with the view to facilitate co-operation with those Institutions. Where a matter falls outside the jurisdiction of the Military Ombud, he may refer that matter to any Chapter 9 Institution for investigation.
Any complainant who, on reasonable grounds, fears or suspects that he/she may be victimised subsequent to lodging the complaint must inform the Military Ombud accordingly so that a specific recommendation may be made to the Minister with regard to his/her protection.
The finalisation of a complaint is influenced by a number of factors e.g. availability of information and witnesses and the complexity of the complaint itself. For this reason the finalisation may vary between 30 to 180 days depending on the factors mentioned above.
The Ombud and staff members must serve independently and impartially and must perform their functions in good faith and without fear, favour, bias or prejudice, subject to the Constitution and the law. The Military Ombud does not represent the complainant or the DOD but is an independent arbiter between the parties.
No. The Military Ombud makes recommendations to the Minister for implementation under the provisions of the Military Ombud Act. In law the Military Ombud has no enforcement powers.
The Defence Force Service Commission advises the Minister on the determination of conditions of service of members of the SANDF whereas the Military Ombud’s office ensures that the DOD adheres to those conditions of service.
A summons may only be issued in circumstances where the Military Ombud is not receiving co-operation from an individual. The summons shall be served by any person authorised by the Ombud by delivering it to the person named therein to his or her residence or place of employment or business so that he is in possession thereof at least fourteen days (Sundays and public
holidays excluded) before the date appointed for the appearance.
The Military Ombud is not there to replace the channel of command within the SANDF but to provide an independent appeal mechanism for the members once they have exhausted the internal procedures. In instances where there is internal obstruction to the internal processes the member may then report such matter to the Ombud for an intervention.
A member or their representative must lodge a complaint within a period of 180 days from the date on which the Grievance Board made its decision regarding his or her grievance; a former member within a period of 180 days from the date on which he or she became aware of the issue that gave rise to the complaint.
A member of the public who wishes to complain about the official conduct of a member of the Defence Force, must lodge a complaint within a period of 90 days from the date on which he or she became aware of the act or omission concerned.