Council of Military Veterans Organisations
1. This submission is made by the CMVO, which together with its nineteen
Military Veterans Organisations have been recognised by the Minister of Defence
in terms of the Military Veterans Affairs Act, 1999, ( the Act) as lawfully
representing the affairs of Military Veterans.
2. Four of its Office Bearers have served on the Advisory Board on Military
Veterans Affairs. The five year term of office of the Board members expired at
the end of March 2006 and the Minister has not as far as is known appointed new
Board Members.
3. The member organisations of the CMVO have a direct membership of some 10 000
members and represents the interests of all Military Veterans who are in need
regardless of their former force. Currently about 8 000 such military veterans
are being assisted.
MILITARY VETERANS AFFAIRS ACT AND THE REGULATIONS AND AMENDMENTS
4. The CMVO believes that the public hearings on military veterans should be
conducted against the back ground of the Act and the Regulations as this
legislation defines a military veteran and prescribes the manner in which
Government is required to deal with military veterans affairs
5. The Minister of Defence has instructed that in future only one unitary
military veterans organisation should be recognised as representing all
military veterans in terms of the Act. He states that South Africa consists of
a single defence force and this concept of a unitary force should extend beyond
a member’s period of service. Members who leave the service should move
directly into a single organisation representing all former members of the
SANDF. All military veterans should therefore belong to a single unitary
military veterans’ organisation on an individual basis.
6. The Defence Update 2006, that the Minister of Defence has approved in
principle for submission to Cabinet, requires that the nature and locality of a
dedicated Agency for the management of military veterans should be determined.
7. In view of the above, consideration should be given to enact amending
legislation to provide for the following:
a. To establish a single statutory military veterans’ organisation to which all
military veterans should belong in order to protect and promote their common
interests, to act as the mouthpiece on all matters affecting the welfare and
interests of all military veterans and to engage with the Minister of Defence
or any relevant authorities, bodies or persons, to ensure that all military
veterans who qualify receive the recognition and benefits that they are
entitled to
b. To provide for the establishment of a dedicated Agency for the management of
military veterans and the provision of the infrastructure and resources, both
at national and provincial levels, to provide a holistic and integrated service
to military veterans, to ensure that the personal details of all military
veterans are captured on a common data base to be able to determine which
military veterans and/or their dependents should qualify for benefits, the
nature and extent of such benefits and to execute the payment and granting
thereof.
Proposed Statutory SA National Military Veterans Association (SANMVA)
The Act will have to be amended to establish the statutory Association for
individual members and to make membership compulsory in the case of SANDF
members who leave the service once the SANMVA has been established.
The Association’s constitution should be ratified by the Minister.
The new members of the Association should elect an Executive, their
appointments to be ratified by the Minister, including that of the chairperson.
The Minister should be authorised to appoint an additional two(2) members to
SANMVA or its Executive.
Only SANMVA will be recognised in terms of the Act and the Act and Regulations
will have to be amended accordingly.
Only SANMVA will be called upon to make nominations to the Minister for
appointment to the Advisory Board on Military Veterans Affairs.
The Dedicated Military Veterans Agency
This is a long term matter which will require in depth consultations with all
the state entities involved with military veterans affairs. The establishment
of such an Agency may imply that it will be required to take over all the
duties and functions of the DOD and other State Departments and other entities
responsible for military veterans and military veterans affairs. The Military
Veterans Affairs Act, 1999 will in such case require substantial amendment or
new legislation may be required to establish such an Agency.
Amendments to the Act to Constitute the South African National Military
Veterans Association
Once the Minister of Defence and the Department of Defence have decided on the
principles involved and the feasibility of constituting SANMVA as a statutory
body a constitution for the proposed SANMVA to be so constituted will have to
be drafted. The process to be followed should also be determined.
CMVO TO TRANSFORM TO THE SOUTH AFRICAN MILITARY VETERANS FEDERATION
(SAMVF)
16. In the light of the above developments the Executive of the CMVO ,
representing its member organisations, has expressed a common desire to
transform the CMVO into a new South African Military Veterans Federation(SAMVF)
to associate ,support and align themselves with the new proposed military
dispensation for the benefit of their own members and all other military veterans
in South Africa.
The CMVO has, at the request of the Director Legal Advice of the Department of
Defence, prepared proposed amendments to the Act and drafted a constitution
for SANMA to give effect to the Minister’s instruction, for submission to the
Chief of Legal Services.
These draft proposals could serve as input to the formal submissions to be made
by the DOD to the Minister and the process to be followed.
800 000 MILITARY VETERANS ON DOD DATA BASE :THE CRUX OF THE MATTER
To be able to deal in any meaningful way with Military Veterans it is
absolutely essential to have a comprehensive detailed data base of all military
veterans to enable Government to decide which categories of military veterans
should qualify for what specific category of State aid or support.
In terms of the Act a military veteran includes any person who served
voluntarily or under conscription or call-up whether in a permanent or part
time capacity in the former Statutory or Non-Statutory forces and members of
the SANDF who leave the service.
The existing DOD military veterans database is in the process of being
populated by obtaining addresses and personal details of the military veterans
on the data base. This a task of great magnitude but it needs to continue as an
vital ongoing process.
The DOD date base contains details of former Non Statutory Force members
appearing on the Certified Personnel Registers who can be classified as
military veterans. They are the 22 931 NSF members who either demobilised or
who did not integrate.
The former Statutory Forces military veterans number some 770 00 members, and
include World War II veterans, former SADF members, of which there are some 20
000 are Coloured ex -servicemen, 650 000 national servicemen and members of
the former TBVC Forces.
AZANLA claims to have 3 000 military members who have only been give de
facto recognition by the Minister of Defence. Regulations were drafted to
enable the Minister to prescribe them as being a category of military veterans
in terms of Section 1(vii) of the Act and to prescribe a verification process
for these members. This matter should be revisited as these members will have
to be defined as military veterans to qualify for military veterans benefits in
future.
With closing of the Commandos a further 55 000 former Reserve Force members
will be joining the ranks of military veterans. At least 20 000 of these
members were or are unemployed and they rely on their thirty day service pay
during the year to survive. This small income will now disappear, leaving such
members in dire straits and on the streets.
GOVERNMENT TO IDENTIFYVULNERABLE MILITARY VETERANS FOR STATE SUPPORT
Government should obviously concentrate on aiding the most vulnerable
categories of military veterans and its focus has thus far been on the former
MK and APLA military veterans. These members have however been difficult to
trace and identify.
Any military veteran can become vulnerable and such vulnerable military
veterans from the other categories, especially the Coloured ex-servicemen and
the unemployed former Commandos should also be considered for support.
PROJECTS :DEVELOPMENT PROGAMMES CONTAINED IN THE REGULATIONS
The Regulations under the Act contains a comprehensive list of development
programmes dealing with military veterans affairs which the DOD and other
Government Departments, including Social Development, Health, Housing, Labour
and Education, were to take responsibility for:
- Reparation programmes, with reference to entitlements, income support and
housing assistance.
- Health care programmes, with reference to disablements,disabilities,injuries
and illnesses,medical care,rehabilitation,and aged,retirement and general
health care.
- Occupational programmes, including counselling, career assessment,vocational
support,re-education,training and funding assistance as regards resettlement
and employment provision; and
- Military heritage programmes.
29. Some of the Projects, which have been initiated, are enumerated below.
TRAINING : SASSETA MILITARY VETERANS PROJECT: DEPARTMENT OF LABOUR
The Department of Labour via the National Skills Development Fund provided R56m
for a Military Veterans Project to facilitate job opportunities and skilling
for 4350 military veterans over three years. It is understood that some R14m
has been expended to assist in populating the data base, 132 members were
trained at the DOD Service Corps and another 800 NSF military veterans have
thus far benefited from the Project. Many of the names of these persons did not
appear on the Certified Personnel Register but they were considered to be
military veterans for purposes of the Project. This Project should be rolled
out to include military veterans from the previous Statutory forces.
HOUSING FOR MILTARY VETERANS : DEPARTMENT OF HOUSING
The Department of Housing was collaborating with the DOD to establish a
development programme for housing assistance for military veterans. The results
of the housing survey are to be made known and pursued. The availability of
accommodation at old SANDF bases which could be upgraded to be identified.
Urban renewal of inner city buildings e.g. in Johannesburg and Durban should be
investigated.
Military Veterans Villages to provide low cost housing as was done by the SA
Legion of Military Veterans and the M.O.T.H. organisation could be considered.
MEDICAL SUPPORT FOR MILITARY VETERANS: DEPARTMENTS OF DEFENCE & HEALTH
The re-introduction of the utilisation of SAMHS facilities by miltary veterans
should be pursued by the Surgeon General. The sharing of provincial health
facilities e.g. by private Netcare Wings could be considered. A private Medical
Aid Scheme for Military Veterans has been initiated.
IMPROVED PENSION BENEFITS FOR MILITARY VETERANS AND THEIR DEPEDANTS
The lowering of pensionable ages for military veterans to 55 for females and 60
for males as prescribed in Section 3(c) of the Military Veterans Affairs
Act,1999, was dealt with in September 2003 during the Public Hearings in
Parliament on the Social Assistance and Social Assistance Agency Bills and accepted
in principle.
The DOD had submitted proposed legislative amendments to the Department of
Social Development to give effect to above legislative requirement.
The Department of Social Development had stated that the matter can only be
pursued when the National Social Security Agency has been established and it
has been provided with an estimate of the number of military veterans who had
reached the ages of 55 to 60 and who could possibly qualify for means-tested
State Aid.
The National Social Security Agency has been established and the identification
of the number of possible military veterans beneficiaries will now have to be
identified and final amending legislation to provide for the necessary Military
Veterans Grants submitted to Parliament.
An increase in the R18 per month allowance for World War II veterans is to be
effected and possibly be extended to other military veterans once the qualify
for military veterans grants.
Disabled military veterans and their dependents should become eligible for grants
in terms of the Social Pensions Act. This will be in line with benefits granted
to recipients in terms of the Special Pensions Act.
Severe Disablement Allowances should be increased.
Aging Army Regular Force Members to become Pensioned Military Veterans
Section 3(c) of the Act makes provision for the payment of a military veterans
grant under certain conditions. It is proposed that serious consideration be
given to proposing that the Social Assistance Act be amended to make provision
for a special military grant to be paid to the 10 000 to 12 000 aging Army
Regular Force members who no longer meet the requirements for service in the SA
Army and who will qualify for Military Veterans status in terms of the Act on
leaving the service. This will allow them to exit with dignity and a liveable
income after their army service.
FUND RAISING AND ADMINISTRATION
As required by the Act funding of military veterans aid and the administration
of their affairs are considered to be Governmental responsibilities.
These functions should therefore be carried out by the Directorate of Military
Veterans Affairs in the Department of Defence until final decisions have been
made on the Dedicated Military Veterans Agency and the Statutory South African
National Military Veterans Association , which are only concepts at this stage.
The administration and payment of military veterans grants should be carried
out by the National Social Security Agency once these grants are in place.
ESTABLISMENT OF NATIONAL AND PROVINCIAL STRUCTURES
There are currently no governmental, national or provincial structures to cater
specifically for military veterans affairs in place.
These structures should be provided for by the DOD and ultimately by the
Dedicated Agency and/or SANMVA once they have been established.
Such structures have been established in a limited way by some of the National
Military Veterans Organisations to cater for the needs of their own members and
other military veterans. These structures are funded by the organisations
themselves by way of membership fees, donations and fund raising activies,
which are provided on a voluntary basis.
THE PRESIDENT IS THE PATRON -IN-CHIEF OF ALL MILITARY VETERANS
The President is the Commander-in-Chief of the Armed Forces and in terms of
Section 4 of the Act is the Patron-in-chief of al Military Veterans, thereby
retaining his ultimate responsibility for their future well being as described
in the Fundamental Principles contained in Section 3 of the Act.
For the above reason the President could perhaps be requested to consider
establishing a Desk for Military Veterans Affairs in the Office of the
President and thereby become the driver of the military veterans affairs
process.
Progress Made on Implementation of the Military Veterans Affairs Act No.17 of
1999
Attached is a memorandum containing details of the progress made in the
implementation of the Act.
ATTENDANCE BY CMVO AND ORAL PRESENTATION
The CMVO will be represented at the Public Hearings on 10 and 11 May 2007 and
it requests, that based on this written submission, the organisation be placed
on the programme to make an oral presentation.
“WHEN WAR’S DECLARED AND DANGER’S NIGH
“GOD AND SOLDIER” IS THE PEOPLE’S CRY,
WHEN PEACE IS ONCE MORE MADE AND ALL THINGS RIGHTED,
GOD IS FORGOTTEN AND THE SOLDIER SLIGHTED.”
THOMAS JORDAN, CIRCA 1600
Rear Adm (JG) Lukas Bakkes,
Secretary General (Designate),
Council of Military Veterans Organisations of South Africa