Chairman: Interim National Defence Force Service Commission 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

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

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

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

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

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

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

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

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

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

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

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 servicemen’s perspective

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

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