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Interim National Defence Force Service Commission: Presentation to the Portfolio Committee on Defence

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Title: Interim National Defence Force Service Commission: Presentation to the Portfolio Committee on Defence


1
Interim National Defence Force Service
Commission Presentation to the Portfolio
Committee on Defence
  • Judge LO Bosielo
  • Chairman Interim National Defence Force Service
    Commission
  • 13 October 2009

2
Interim National Defence Force Service Commission
  • Members of Interim National Defence Force Service
    Commission
  • Chairman Judge LO Bosielo
  • Deputy Chairman A Ismail
  • Lt Gen (ret) L Moloi
  • Maj Gen (ret) B Holomisa (MP)
  • Mr P Groenewald (MP)
  • Ms H Mgabadeli (MP)
  • Prof R Christie
  • Dr A Mokgokong
  • Bishop M Mpumlwana
  • Prof D Swartz

3
Interim National Defence Force Service
Commission (INDFSC)
  • Terms of Reference
  • To advise and make recommendations on a unique
    service dispensation , outside the ambit of the
    Public Service, in respect of members of the
    South African National Defence Force (SANDF)
  • To advise and make recommendations regarding the
    amendment of the regulatory framework in order to
    give effect to the unique service dispensation in
    this regard
  • To investigate, provide expert advice and make
    recommendations regarding remuneration and the
    conditions of service of members of the SANDF

4
Interim National Defence Force Service Commission
(INDFSC)
  • Proposed Framework for the INDFSC
  • The Minister has indicated that the INDFSC will
    be expected to continue its work until such time
    that a permanent Commission is established,
    following legislative amendments
  • The INDFSC will not in the short term adopt any
    particular stance or make any pronouncements with
    regards to trade unions in the military
  • The challenge faced by the INDFSC is that of
    limited timeframes as the Minister of Defence and
    Military Veterans (Minister) has requested that
    the Commission provide an interim report to her
    by December.
  • The INDFSC has determined that it would need to
    divide its work into a short term and medium term
    approach in order to achieve the overall
    objectives set by the Minister
  • The Commission would initially spend time
    determining in-depth the nature and extent of the
    problem before embarking on proposing solutions

5
Interim National Defence Force Service Commission
  • Key Stakeholders
  • In the initial phase hold discussions with
    various bodies / stakeholders in order to
    understand the nature and depth of the problem
    confronting the SANDF, inter alia
  • Parliamentary Portfolio Committee on Defence
  • Political parties represented in Parliament
  • Minister and Department of Public Service and
    Administration
  • Members of the Public Service Commission
  • Minister of Finance and National Treasury
  • Minister of State Security and the Intelligence
    Department

6
Interim National Defence Force Service Commission
  • Key stakeholders cont
  • Defence Staff Council (DSC), Military Command
    Council (MCC), the various Arms of Service
    regarding the core challenges that military
    members face
  • Ordinary Members of the Defence Force and Unit
    Commands
  • The Defence Force Inspector General
  • The Directorates of Human Resources Policy and
    those of the MCC and Service Arms
  • The Chaplain General and other religious
    officials who administer to the needs of members
    of the SANDF
  • Military Veterans Associations
  • Reserve Forces Council

7
Interim National Defence Force Service
Commission
  • Key stakeholders cont
  • Members of the Defence Force or their
    representatives. These would include the Military
    Trade Unions. Any of the meetings with the
    Military Trade Unions would take place on a
    without prejudice basis implying that no
    preference is expressed for or against the
    existence of military trade unions. The views of
    COSATU or other Trade Union Federations will be
    canvassed at a later stage
  • Representatives of Civil Society especially those
    that function in the security sector

8
Interim National Defence Force Service Commission
  • The nature of discussions with the relevant
    stakeholders would inter alia include
  • Command and Control
  • Command and Control related problems or issues
  • Military Chain of Command
  • Discipline in the SANDF and its
    institutionalization
  • Morale in the SANDF
  • Grievance mechanisms and procedures
  • Service conditions
  • Current state of infrastructure, facilities and
    equipment
  • Grievance mechanisms and procedures

9
Interim National Defence Force Service Commission
  • Defence Commitments
  • Ability of the SANDF to meet its Defence
    Commitments
  • The Defence Budget as a percentage of GDP and its
    impact on Defence Commitments
  • Split of the Defence Budget in terms of Capital,
    Operational and Personnel spend
  • Adequacy of training within the SANDF
  • Military ranking and related salary grading
  • The possible effect of under-spending on morale
    in the SANDF

10
Interim National Defence Force Service Commission
  • Transformational issues
  • Implementation of the Civic Education program
    especially issues relating to military
    professionalism
  • Education and training programs on Diversity and
    Equal opportunity
  • Success of the military integration program and
    the willingness of the middle-ranks to implement
    the processes

11
Interim National Defence Force Service Commission
  • Civil Military Relations
  • Role of Parliament in oversight over Defence
  • Role of the Defence Secretariat and their role in
    supporting the Minister in civil control
  • its implications for Defence Strategy, planning
    and commitments and
  • Operational control
  • Organisational Structure challenges

12
Interim National Defence Force Service Commission
  • Service Conditions
  • Determination of a Military Service to provide
    for the SANDF vs the Public Service
  • Functioning of the Military Bargaining Council
  • Military ranking, grading of posts and salary
    structure (short and long term implications)
  • Local benchmarking with the other Services i.e.
    SAPS, Intelligence
  • International benchmarking on both the system and
    the ranking, grading and salaries
  • Application of the grievance mechanisms from
    servicemens perspective

13
Interim National Defence Force Service Commission
  • Legislative issues
  • Defence Amendment Bill enactment of a permanent
    National Defence Force Service Commission (NDFSC)
  • Rulings of the Constitutional Courts
  • Implementation of the Labour Relations Act
  • SANDF General Regulations
  • Unique service conditions for the SANDF?
  • Rules of Engagement for Military Trade Unions
  • How should violations of Court rulings by
    Military Unions and members of the SANDF be dealt
    with

14
Interim National Defence Force Service Commission
  • Discussion and views of the
  • Portfolio Committee on Defence
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