1. It is apparent from the pronouncement of the various official documents in the form of the Constitution, the White Paper on Defence, the White Paper on the Transformation of the Public Service and the White Paper on Affirmative Action in the Public Service and other relevant legislation on unfair discriminations. Affirmative Action is therefor a constitutional and political imperative.
2. Affirmative Action is essential to the success of the DOD and is one of the important functions of transformation. The goal of Affirmative Action in the DOD is to speed up the creation of a representative DOD and to build an environment that supports and enables those who have been historically disadvantaged by unfair discrimination to fulfil their maximum potential within the DOD, is so that the DOD may derive the maximum benefit of their diverse skills and talents.
ESTABLISHMENT OF THE DEPARTMENT OF DEFENCE EQUAL OPPORTUNITIES AND AFFIRMATIVE ACTION MONITORING AND ADVISORY BOARD
3. The Equal Opportunities and Affirmative Action Monitoring and Advisory Board is established to give advice on monitoring the implementation of the policy processes on Affirmative Action and Equal Opportunities in the Department of Defence. This Board shall report directly to the Minister of Defence.
ROLE AND FUNCTIONS
4. Role. The Equal Opportunities and Affirmative Action Monitoring and Advisory Board shall evaluate the implementation and impact of EO & AA programmes in the Department of Defence (DOD) and advise the Minister accordingly.
5. Functions. The functions of the EO & AA Monitoring and Advisory Board shall be the following:
a. Evaluate the implementation of the EO & M in the DOD and its impact.
b. Ensure the relevance of the content of EO & AA and advise the Minister of Defence of any improvements that may be necessary.
c. Report to the Minister of Defence concerning the status of Equal Opportunities and Affirmative Action within the Department of Defence. The Board shall submit an annual report to the Minister and may submit written reports, including duly signed minutes, to the Minister more frequently if it deems necessary. The Minister shall submit the annual report to the Parliamentary Committee and Joint Standing Committee on Defence.
POWERS OF THE EQUAL OPPORTUNITIES AND AFFIRMATIVE ACTION MONITORING AND ADVISORY BOARD
6. The EO & AA Monitoring and Advisory Board will act mainly in an advisory capacity to the Minister of Defence.
7. The Board shall, as a Board or as individuals mandated by the Board, have the right of access to the Department of Defence (DOD) establishments and conduct site visits as part of their monitoring mandate.
8. The Board shall have authority to request meetings, written and oral reports from Service Chiefs.
APPOINTMENT, COMPOSITION AND TERM OF SERVICE OF THE EQUAL OPPORTUNITIES AND AFFIRMATIVE ACTION MONITORING AND ADVISORY BOARD
9. The Minister of Defence shall appoint the members of the Board. The period of service on the Board shall be 3 (three) years. On expiry of this period the Minister of Defence may extend the period of service of any member.
10. All members, excluding the employees of the DOD, shall sign a formal contract of appointment served on them by the Minister of Defence.
11. A full member, wishing to terminate his/her appointment before the expiry of the three-year period shall do so in writing to the Chairperson, who will then forward it to the Minister of Defence.
APPOINTMENT OF AND RESPONSIBILITY OF THE CHAIRPERSON AND DEPUTY-CHAIRPERSON
12. The Minister of Defence shall appoint a Chairperson and the Deputy Chairperson for the Board. The Chairperson shall serve for a period of three years. All Board members contracts shall be approved and signed by the Minister.
13. The Chairperson shall chair and preside over all meetings. In his/her absence, the Deputy Chairperson shall nominate a member of the Board. The Services Representatives (Career Managers) shall be members of the to ensure the effectiveness monitoring by the Board.
SECRETARIAT TO THE BOARD
14. A secretariat shall serve the Board. The Secretariat shall consist of designated staff officer(s) from the Secretariat for Defence.
15. The secretariat shall perform the following duties for the Board:
a. The taking of minutes of the meetings and the distribution thereof to the Minister of Defence, the Secretary for Defence, the Chief of the SANDF and to Board members.
b. The receiving of any correspondence in connection with EOIAA submitting any issues that are relevant to the committee for consideration.
c. The drafting of correspondence originating from the Board meetings.
d. The forwarding of any input compiled by the Board, through the various channels, to the Council on Defence.
e. Making the necessary arrangements for any visits by members of the Board to any SANDF units.
f. Budgeting for the expenses associated with the Board.
g. The keeping of records relating to the EO and AA Monitoring and Advisory Board.
h. Provide research support to the Board.
OPERATING PROCEDURES
16. The Board shall determine the operating procedures in relation to scheduling and attendance of meetings and absenteeism.
17. At least a half of non-departmental members must be present
FREQUENCY OF MEETINGS
18. The Equal Opportunities and Affirmative Action Monitoring and Advisory Board shall meet formally every quarter and as and when required and informed by the Secretariat. The Board shall decide on the date/s and the Secretariat shall inform the members accordingly. Apologies with regard to non-attendance are to be made to the Secretariat before the meeting and these have to be communicated to the Chairperson prior the scheduled meetings.
REMUNERATION OF NON-DEPARTMENTAL MEMBERS
19. Remuneration for service rendered by non-members of the Department of
Defence shall be according to the manual system of administration of the service
benefits package for officials of Statutory Boards and other Institutions issued by the
Department of State Expenditure (DSE).
DECISIONS
20. All decisions shall be sought by consensus. Where consensus cannot be achieved, the decision shall be by simple majority vote of full members present.
21. Only full members shall be allowed to vote. The Chairperson shall have a casting vote. Decisions require a quorum of full members.
REVIEW OF THE CONSTITUTION
22. The content of the Equal Opportunities and Affirmative Action Monitoring and Advisory Board Constitution shall be approved by the Minister of Defence and remain valid until such time as the Minister approves an am emended version. The most recent signed version shall be in force. Amendments shall be agreed to by consensus in the Board before submission to the Minister for approval.
PROMULGATION
23. The DOD Equal Opportunities Affirmative Action Monitoring and Advisory Boar Constitution is submitted for approval to the Minister of Defence.