M A Y 2 0 1 2 • S A S O L D I E R - Department of Defence

2010 review of defenceUnderstanding theDefence Amendment BillS A S O L D I E RBy Prof Sipho Seepe, StrategyConsultant and Special Adviser tothe Minister of DefenceAn appreciation of the currentDefence AmendmentBill would be incompletewithout locating it within theconstitutional mandate anddevelopments in the everchangingdefence environment.The South African Constitutionis deliberate and unambiguouswith regard to its expectationsof the National Defence Force. Itpurposefully enjoins us to establish adefence force that is “structured andmanaged as a disciplined militaryforce.” The emphasis on disciplineis obvious. Without discipline theDefence Force would be unable tofulfil its primary function of defendingand protecting the Republic, itsterritorial integrity and its peoplein accordance with the Constitutionand the principles of internationallaw regulating the use of force.This translates into defending andprotecting our critical interests,supporting our foreign policy byassisting our allies and supportingpeace operations on the continent.In addition, the Defence Force helpsto beef up the civil power throughthe support it gives to the police,including border protection, disasteror emergency relief.More often this responsibility involvesexposure to enormous personal risksand sacrifices arising from heavyoperational commitments. Membersof the SANDF are expected to spendlarge amounts of time away fromhome on back-to-back deployments.To the extent that they bear theresponsibility as the last defence ofour democracy, they are our ultimateinsurance policy against any threatwithin or outside the country. For theirsake, and ours, we must preserve theircalibre and morale.It does not take much to appreciatethat their commitment cannot bereduced to issues of pay. There areother intangibles such as pride in theservice of one’s country and “enjoymentof a lifestyle that involves adventuroustraining and activities [that] makeremuneration only one of many factorsthat motivate personnel”.In her budget vote of 2009, the Ministerof Defence and Military Veterans, MsLindiwe Sisulu, sought to underscorethis very issue when she said: “Iwant to assure Defence Force staffthat their conditions of service are aconcern … We are acutely aware thatthe state of readiness of the SANDFdepends primarily on the morale of oursoldiers”.She went further and said: “Weare considering making a requestfor a separate dispensation for theDepartment of Defence that wouldallow us to deal creatively with ourown needs and the specificities of ourown unique security requirements.”All these commitments, which arethe subject of the present bill beforeparliament, were undertaken tomotivate the DOD’s personnel andencourage recruitment and retention.The Ministry of Defence and MilitaryVeterans has gone a long way towardsestablishing a different dispensation.The concept was approved by Cabinet.It also approved the regulatorymechanism to govern and overseethe dispensation, which allows us toaccommodate the unique nature ofthe Defence Force. It is precisely forthis reason that we demand and takeextraordinary measures to enforcediscipline. Soldiers are not tied to thestate by an employment contract, but byan oath.The new dispensation presents thecreative space to respond innovativelyto the unique challenges of the DefenceForce. It has used the space to developan HIV and Aids policy that uniquelyresponds to its circumstances. Itis a matter of public record that itspolicy on HIV and AIDS is not onlyprecedent setting, but is consideredthe most progressive in the world.The present bill, which serves toamend the Defence Act of 2002, is theculmination of a process that startedwith the Minister’s 2009 budget vote.Three critical concerns are beingpresented: the first is the establishmentof the permanent Service Commissionto replace the current Interim SouthAfrican National Defence ServiceCommission (INDFSC). Contrary tomisrepresentations, the bill beforeparliament has been drafted by theINDFSC. Credit (and in some casescriticism) is due to their sterling work.The second amendment relatesto remedying the lacunae in thelegislation. The Constitution refers tothe President having the responsibility,among others, of appointing themilitary command. However, nodefinition is provided in the legislationof what the military is or entails.The last aspect of the bill dealswith the empowering of the Chiefof the SANDF to recall members ofthe Reserve Force. At the momentmembers of the Reserve Force canonly be recalled when the country isat war or during a state of emergency.As a resource, they are underutilisedand their combat readiness is severelycompromised. The bill aims to remedythis situation inasmuch as it respondspositively to their request to berecalled for service when the Chief ofthe SANDF deems fit.Far from wanting to assume dictatorialpowers, the Ministry of Defenceand Military Veterans is taking allthe necessary steps to ensure that itdelivers on its mandate of structuringand managing a professional,disciplined Defence Force in theservice of the country and the nation.(For more information please read thearticle as published in SA Soldier, July2010 edition, page 12.)M A Y 2 0 1 2 • 27