Hon Deputy Chair, the Select Committee on Security and Constitutional Development considered the subject of the Military Ombud Bill referred to it. It applied its mind to the subject and queried the rationale of the National Assembly's amendment to clause 5 of the Bill, which transferred the power to appoint the Ombud from the President to Parliament, on its recommendation.
The proposed amendment addresses the matter of the overdemocratisation of the administration of the SA National Defence Force, SANDF. The President, as Commander-in-Chief, should have the powers to appoint the required personnel without administrative restrictions. The SANDF is the country's first line of defence and must not be hampered by bureaucratic red tape.
The committee was advised that the National Assembly's amendment created an independent Military Ombud. The rationale was that the Military Ombud would be independent from the Minister, and that this would allow military personnel to have faith that the Military Ombud's decisions would be fair and impartial. However, the Committee disputed this assertion as the process followed by the Military Ombud is transparent and would be challenged if found unfair.
The new proposed amendment will ensure that the security of the country takes precedence and ensures the smooth running of the SANDF.
The committee presents proposed amendments to Clause 5 for consideration. They are as follows:
On page 3, from line 2, to omit "on the recommendation of the National Assembly,".
On page 3, from line 4, to omit subsections (2) and (3).
On page 3, from line 34, to omit subsections (9) and (10).
On page 3, in line 43, after the first "the", to insert "Ombud and".
I thank you. [Applause.]
Debate concluded.
Question put: That the Bill, subject to the proposed amendments, be agreed to.
Bill, subject to the proposed amendments, agreed to in accordance with section 75 of the Constitution.