Report of the Joint
Standing Committee on Defence (JSCD) on the Improvement and Well-Being of
Military Veterans
1. Introduction
The Joint Standing
Committee on Defence held public hearings on the improvement and well-being of
military veterans on 10 and 11 May 2007. Written submissions were received, and
oral submissions were made by the following organisations:
·
Didiza Film Productions
·
APLA Military Veterans Association
·
World Veterans Federation
·
GetMed
·
MK Military Veterans Association (
·
MK Military Veterans Association (
·
MK Military Veterans Association (
·
MK Military Veterans Association (
·
MK Military Veterans Association (
·
MK Military Veterans Association (National)
·
MK Military Veterans Association (
·
Council of Military Veterans Organisations of
·
Ex-Political Prisoners Committee.
2. Background
The Joint Standing
Committee on Defence held two meetings on 9 March 2007 and
4 May 2007 on the Special Pensions Fund and the Non-Statutory Forces (NSF)
Pension Fund. The Special Pensions Fund was created in terms of the Special
Pensions Fund Act 1996 (No. 69 of 1996). It is specifically aimed to provide pensions
to people who were involved in the struggle for democracy, through their active
and full-time membership in a political organisation, and who, through this
involvement, were not able to access pension benefits for at least 5 years. The
Non-Statutory Forces Pension Fund was created in terms of the Non-Statutory
Forces Fund Act, to address the disparity between members of the non-statutory
forces (MK and APLA) and the former statutory forces which had been integrated
into the South African National Defence Force (SANDF) on or before 31 March
2002.
During the briefings it
became apparent that, while the intention of the funds is laudable, there are a
number of problems that hamper effective implementation. Concerns identified by Members during these briefings
included that:
·
Applicants for the Special Pensions Fund needed
to be 35 years of age in 1996 in order to be eligible, which discriminates
against very young soldiers who were recruited by the various non-statutory
forces.
·
The cut-off date for applications to the Special
Pensions Fund has passed (31 December 2006), and there is a concern that not
all eligible applicants have applied.
·
To be eligible for the NSF Pension Fund, a
member must pay back all monies received (including monies received from the
Special Pension Fund) and buy into the NSF scheme by paying 5% of the member’s
final salary as at 31 May 2002, for each of the serving years in the
non-statutory forces. If the member cannot afford to do this, he or she may
choose to have the number of NSF year’s service reduced by an amount equivalent
to the financial obligations. This first option can create a huge financial
burden for members receiving small salaries. The second option reduces the
benefits received by the NSF Pension Fund (and in some cases, in fact, results
in negative benefits). The only other option is to remain with the Special
Pensions Fund and thus forfeit the right to NSF Pension Fund benefits.
A
decision was thus taken to hold public hearings on this and other broader issues
affecting military veterans, in order to formulate recommendations by the Joint
Standing Committee on Defence on these matters.
3. Key concerns raised during the hearings
The following concerns and proposals
were raised during the hearings by the various organisations:
3.1. Didiza Film Productions
Didiza Film Productions
suggested that military veterans should be trained in the art of film acting
and film-making. They made the following proposal in this regard:
3.2. APLA Military Veterans
Association (APLAMVA)
The APLAMVA applauded some
of the mechanisms through which the socio-economic well-being of military
veterans were improved, especially with regard to the pension schemes which
have been put in place. The NSF and Special Pension schemes have contributed
enormously in improving the lives of qualifying veterans. However, a number of
problems still remain. The following are some of the key concerns and proposals
made by APLAMVA:
·
Pensions:
-
Combatants under the age of 35 years are
discriminated against in terms of pensions and benefits. This age restriction
should be reviewed to ensure that combatants under the age of 35 years, in 1996
are not discriminated against.
-
The dependants of the recipients of the Special
Pension are in a weaker financial position once the recipient of the Special
Pension dies. This compounds the problems of the dependants as although they
will initially receive a lump sum amount, the subsequent monthly payouts will
be reduced by 50%, thereby lowering the baseline for their survival.
-
The widows and dependants of the combatants who
passed away during the liberation struggle and/or prior to 2006 are not fully
catered for in the Special Pension Fund. Most widows and or dependants only
receives a once-off lump sum amount of approximately
R60 000.
-
The Special Pension Fund amounts which are
received by some of the veterans must be reviewed. Many combatants have spent
years in the struggle without any opportunity to go to school and with no
prospect of getting gainful employment. The
Special Pension Fund amounts being paid out ranging between R1 500 and R2 500
per month, is insufficient for many veterans.
·
Training, projects and employment:
-
Economic projects are supposed to be driven by
the individual members of the various veterans associations. The role of the
respective associations is to create conditions in which their individual
members can successfully engage in identified economic activities. The basis
for individual members to engage in these economic activities, however, is the
training and skills that they should be empowered with.
-
Safety and Security Sector Training Authority
(SASSETA) has undermined the Defence Steering Committee, which resulted in a
lack of knowledge and expertise by those who are mandated to drive the training
and skills development of the veterans. Training courses which are offered to
veterans are not relevant to them, as the veterans’ structures and members
concerned are not consulted on the type of training courses that would benefit
the veterans. An investigation on this matter is proposed.
-
APLAMVA appeals for the re-organisation of
structures such as SASSETA in order to make them relevant to the needs of
veterans and to allow veterans to be properly consulted on matters that affects
them. The key to the improvement of the lives of veterans is the provision of
skills to enable veterans to either access opportunities for gainful employment
or stand on their own and initiate projects and new business ventures.
-
Institutions such, as the Advisory Board, should
also be revitalized as a matter of urgency to assist the veterans, especially
those from non-statutory forces.
·
Access to medical care:
-
Veterans continue to die as a result of their
inability to access suitable medical care. The process currently underway
investigating this matter is taking too long, without any end in sight. It is proposed
that the process be accelerated so that the members whose lives are in danger
can receive required medical attention, and be given access to military medical
facilities.
2.3. World Veterans
Federation
The World Veterans
Federation highlighted the urgent need for comprehensive health care for all
veterans and their dependents. Participants in conflicts, after demobilisation,
need greater support in solving many subsistence problems, including medical
care and rehabilitation, employment, housing and full integration into civilian
life. They proposed that:
·
The VETHEALTH managed health care model, powered
by GetMeD adheres to all the recommendations with regard to health care, as
contained in the Declaration of the Rights of War Veterans adopted by the
United Nations General Assembly in 2003, and be implemented in South Africa, in
order to manage affectively the specific health care needs of military
veterans.
2.4. GetMed
The vision of GetMed is to
be the health administrator of choice for health funding solutions focusing on
military veterans and their dependants, and victims of war. VetHealth would be
the means to meet this objective. GetMed is registered and operates in a number
of African countries and is endorsed by almost all the various military
veterans associations in
2.5. MK Military Veterans
Association (MKMVA)
According to the MKMVA, 60%
of South African ex-combatants are un-employed with no formal source of income,
and therefore exposed to drugs, alcohol and wrong associations, which
ultimately inculcate lawlessness, crime and HIV/AIDS. Parliament has a moral,
political and social obligation, through the Military Veterans Affairs Act of
1999, to provide needs such as pensions, grants, allowances, subsidies,
compensations, accommodation for retirement, insurance, burial assistance and
other needs for ex-combatants. The following concerns were raised and proposals
were put forward:
·
Pensions:
-
The age limitation stipulated in the Special
Pension Act of 1996, should be amended. The Special Pensions Act should
recognise especially ex-combatants under the age of 35 years.
-
The Special Pensions Fund should not be combined
(or calculated) with the member’s salary earnings, as this has extensive tax
implications.
-
The NSF Pensions Fund and Special Pensions Fund
are distinct, and should be treated as such.
-
The buy-back option of the NSF Pension Fund benefits,
by serving members, should be abolished and further explanation in terms of
calculations should be investigated on an urgent bases.
-
There should be parity of pensions across the
spectrum.
·
Military Veterans Affairs Act proposals:
-
Delete Section 2 of the Act, which specifies
that military veterans are not entitled to receive any benefits in any other
law, based on their being so defined as military veterans in this Act.
-
Amend Section 3 (c) which states that females
older than 55 and males older than 60 may be eligible for non-contributory aid
by the state.
-
Amend Section 7 to increase the number of
Advisory Board Members to 12.
-
A Military Veterans Affairs Ministry should be
established.
·
Access to medical care:
-
GetMed should be recognised as the medical aid
provider appointed by military veterans associations.
-
With regard to medical contributions, Military
Veterans should be subsidised equally.
·
SANMVA:
-
Recognise the South African National Military
Veterans Association (SANMVA) as the structure responsible for communicating
with Parliament on behalf of all military veterans.
-
SANMVA should administrator all projects of
military veterans, with clear terms of references,
strict guidelines should identify the training needs of military veterans.
-
Dormant military bases should be opened up to
SANMVA so that various national departments which are implementing the
Integrated Development Programmes (IDPs) and LED can implement the full housing
development.
-
Land that belongs to the SANDF should not be
sold but rather donated to SANMVA for use by surviving military veterans and
their beneficiaries.
-
The Department of Defence should establish
provincial structures of SANMVA and launch its national structure by November
2007.
·
Training:
-
The SASSETA board does not include a military
veteran representative, which results in inadequate identification of the
training needs of these veterans. Many of the ex-veterans receiving training
are not from the former non-statutory forces. The Department of Trade and
Industry should be involved in the provision of training for military veterans,
and the provision of training for such veterans should be accelerated.
The
Department of Defence should be responsible for exhuming, repatriating and
reburying the human remains of the fallen soldiers in all foreign countries.
The
Department of Defence should recognise prior learning, and the training, skills
and qualifications
acquired by military veterans outside the RSA during the years of
struggle.
Military
Veterans should have their own insurance service provider(s).
2.6. Council of Military
Veterans Organisations of
The CMVO notes that with
the closing down of the Commandos some 55,000 former Commando 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 annual
thirty-day service pay to survive. This small income will now disappear,
leaving such members in dire straits. The Council of Military Veterans
Organisations of South Africa agrees with the instruction by the Minister of
Defence that, in future, only one unitary veteran’s organisation should be
recognised as representing all military veterans in terms of the Military
Veterans Affairs Act. CMVO tabled the
following proposals:
·
SANMVA:
- Amendment
to the Military Veterans Affairs Act 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.
- Only SANMVA
should be recognised in terms of the Act and thus the Act and Regulations
should be amended accordingly.
- Only SANMVA
should be called upon to make nominations to the Minister for appointment to
the Advisory Board on Military Veterans Affairs.
- The results
of the housing survey by the Department of Housing to establish a development
programme for housing assistance for military veterans should be announced and
implemented.
- The
availability of accommodation at old SANDF bases which could be upgraded for
use by military veterans.
- Military
Veterans Villages should be established to provide low cost housing as was done
by the SA Legion of Military Veterans and the M.O.T.H. organisations.
-- The re-introduction of the utilization of
SAMHS facilities by military veterans should be pursued by the Surgeon General.
-- The sharing of provincial health facilities
e.g. by private Netcare Wings.
·
Pensions and grants:
- Pensionable
ages for military veterans should be lowered to 55 for females and 60 for
males, as prescribed in Section 3(c) of the Military Veterans Affairs Act,
1999.
- 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 Pension Act.
- Allowances
for the severely disabled should be increased.
- The Social
Assistance Act should 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 livable income
after their army service.
- The
administration and payment of military veteran’s grants should be carried out
by the National Social Security Agency once these grants are in place.
·
Military Veterans Affairs:
-
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. This Agency should ensure that the
personal details of all military veterans are captured on a common data base in
order 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.
-
There are currently no
governmental, national or provincial structures to cater specifically for
military veterans affairs. These structures should be provided for by the Department
of Defence and ultimately by a dedicated Agency and/or SANMVA, once it has been
established.
-
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 all 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. The President could 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 veteran’s affairs
process.
·
Training:
- The SASSETA Military
Veterans Project should be rolled out to include military veterans from the
previous statutory forces.
2.7. Ex-Political
Prisoners Committee (EPPC)
The
Ex-Political Prisoners Committee made the following proposals:
·
Access to medical care:
-
The extension of the
services of South African National Defence Force hospitals and clinics to cover
medical support to ex-political prisoners and their dependents.
-
Request Parliament to
investigate whether ex-political prisoners and dependents could receive free or
subsidised medical cover at the respective provincial hospitals throughout the
country.
·
Skills and employment:
-
Request Parliament to
compile a skills audit of the current living ex-political prisoners.
-
Request Parliament in
assisting to ensure that ex-political prisoners have access to SETA, including
having access to institutions of higher learning.
-
Request that Parliament
take a conscious decision to ensure that companies that successfully secure
government tenders set aside equity for EPPC’s provincially and/or contribute
financially to EPPC. This strategy should cascade down to all spheres of
government.
-
Request that Parliament
ensure that the community of ex-political prisoners be the key stakeholder in
the management and development of the Robben Island Heritage Site and request
that Parliament investigate the reasons behind the exclusion by the Department
of Arts and Culture of EPPC as key stakeholder regarding the heritage: Robben
Island.
-
Request that the President,
Parliament, Premiers and Mayors develop a sustainable fundraising programme for
the EPPC.
·
Pensions:
-
Request Parliament to
speedily finalise the Special Pensions issue for those less than 35 years of
age. This Act is insensitive to the contributions made by those who were under
35 years when the Act was promulgated in 1996.
·
Request that Parliament
establish a fund designed at funding the burials and erecting tombstones of military
veterans who had sacrificed their lives in bringing about the current political
dispensation.
·
Request Parliament, through
the Department of Correctional Services, to update and verify the database
regarding members and their dependents.
3. Recommendations
The
Joint Standing Committee on Defence, having considered the written and oral
submissions made by individuals and organisations at the Public Hearings, notes
the following:
-
Pensions and grants
-
Access to medical care
-
Organisation of military
veterans and their affairs
-
Training, skills
development and employment
-
Housing
-
Exhumation of graves and
repatriation of bodies of military veterans
The
Joint Standing Committee on Defence hereby makes the following recommendations:
Pensions
The Committee echoes the concern raised during the
public hearings that the Special Pensions Fund Act, No. 69 of 1996 only applies
to persons who were 35 years of age or older on 1 December 1996. Discrimination in terms of who may benefit
from the Act, defeats the purpose of the Act, which is to provide assistance to
military veterans. In the light of concerns raised at these hearings around
eligibility, especially in terms of age, it is problematic that the closing
date for applications in terms of this fund being passed 31 December 2006.
The
Committee recommends that the Act be amended to include its application to
persons younger than 35 years of age as at 1 December 1996, who qualifies in
terms of the other relevant application criteria. The Committee further recommends
that the closing date for application for this fund be reopened, to allow this
category of applicants to apply.
The Committee supports the concern raised during the
hearings that members who want to join the NSF Pension Fund need to pay back
both their SPF allocations and make member contributions to the fund, before
they are eligible to join. The costs of
this buy-in are causing extreme hardship, especially for less well-off military
veterans. While the Committee acknowledges national and international norms,
which dictate that employees contribute to their pension funds, there is a
concern in making this applicable to this particular category. The Committee
also supports the concern about the increased tax implications where SPF
allocations are combined with salaries.
The
Committee recommends that the linkages between the Special Pension Fund and the
NSF Pension Fund be revisited. There
should be an easier and less expensive way to ensure that veterans from the
non-statutory forces, who are employed by the SANDF, can transfer to the NSF
pension fund, without financial hardship. The National Treasury will be
requested to identify alternatives in this regard. In addition, the Minister of
Defence must report to the Committee on policy direction in terms of former
non-statutory members who cannot afford to buy into the NSF pension plan.
Access to medical care
The Committee is concerned that military veterans may
be unable to easily access adequate health care.
The
Department of Defence will be requested to appear before the Joint Standing
Committee on Defence within six months of tabling of this Report to report on
the results of the audit process that is currently underway, with regard to
medical facilities. In addition, the
Department should report on the implications of the issue of access of military
veterans to Department of Defence health facilities, and on the implications of
using GetMed as the health service provider for all military veterans.
Organisation of military veterans
Many of the submissions have supported the call for a
national, unified body on military veterans (SANMVA). The Committee is however concerned that some
existing structures are not fully supportive of this initiative.
The
Committee recommends that all structures work together to facilitate the establishment
and implementation of the SANMVA, which can talk in one voice on military
veteran issues. Targets should be set to
ensure that SANMVA is functional by the end of 2007. The to
be established National Military Veterans Agency should also seek affiliation
to the World Veterans Federation (WVF).
While the Department of Defence has a small
directorate dealing with military veterans issues, it is seemingly unable to
cope with the amount of work required.
The
Committee supports the recommendation for the establishment of an Agency
specifically tasked with the management of military veterans and the provision
of infrastructure and resources, at national and provincial levels, as well as facilitating
the identification of training areas, recognition of prior learning, especially
regarding training and skills acquired abroad. This agency should also be responsible for the
management of a military veteran’s database and matters connected therewith.
The relationship of such an agency with SANMVA must be clearly defined.
The Committee is concerned that the Advisory Board
established in terms of the Military Veterans Affairs Act is not functioning
adequately.
The
Committee recommends that this Advisory Board be expanded or resourced in order
to effectively fulfil its functions of attending to the interests of military
veterans. The Committee will arrange
with the Advisory Board to report on its activities to date, within 6 months
after tabling of this Report.
Training, skills and employment
The Committee is of the opinion that the following
should be considered by the DoD:
The
Committee recommends that a representative from the military veterans be
allowed to sit on the SASSETA Board to ensure that the development of training
programmes must meet the needs of military veterans. All military veterans,
including non-statutory and statutory force members, should be eligible for
this training.
Housing
The Committee recommends
that the Department of Defence, in co-operation with the Department of Public
Works and the Department of Housing,
investigate the viability of upgrading vacant military buildings and bases and
making it available to veterans for housing and other relevant economic
activities.
Exhumation of graves and repatriation of bodies of military
veterans
The Committee notes the concerns raised by some of the organisations
with regard to the exhuming, reburying and repatriating the human remains of
fallen soldiers in foreign countries.
The Committee recommends
that the Department of Defence reports to the Committee on the maintenance of
graves and commemoration of fallen soldiers in
Amendments to Sections 2, 3 and 7 of the Military
Veterans Act (No. 17 of 1999)
The Committee notes concerns regarding Section 2, 3
and 7 of the Military Veterans Act (No. 17 of 1999)
The
Committee recommends that the Minister of Defence consider amending the Act by
the deletion of Section 2 to prevent the exclusion of the relevant members from
other benefits that they may be entitled to. Section 3 should be amended to
list the pension able age for both males and females to 55 years. Section 7 should
be amended to allow for the number of Board members to be increased to a
maximum of 12.
Report to be considered.