MILITARY VETERANS BILL A PRESENTATION TO THE PORTFOLIO COMMITTEE ON DEFENCE AND MILITARY VETERANS 08 FEBRUARY 2011

SCOPE Introduction and Background Current Legislative Framework and Situation –Military Veterans Affairs Act, 1999 –Military Pensions Act 1976 –Social Assistance Act, etc. Main elements of the Military Veterans Affairs Bill –Focus areas of the Bill –Long title and Definitions –Benefits and Services –Eligibility* –Military Veterans Advisory and Appeal Boards 2

MIL VET TASK TEAM -The Minister of Defence and Military Veterans established a Ministerial Task Team on Military Veterans following the new administration…thus changing the Ministry of Defence to the Ministry of Defence and Military Veterans! Its mandate was… “To develop policy recommendations that would serve as a framework for the management of military veterans’ affairs in South Africa... To recommend policy on benefits or support to military veterans and the institutional structures required to deliver the envisaged policy, and… To advice on the appropriateness or otherwise of the current legislation, after an evaluation of the current situation or status quo as it pertains to military veterans”. 3

OUTCOME Recommended an overhaul to the Military Veterans’ Affairs Act(1999) to enable enhanced legislative protection of Military Veterans and their Dependants; The Military Veterans Bill is drafted in line with the above (MTTMV) recommendations. 4

FOCUS AREAS OF THE BILL Plight of Mil Veterans Legislative protection of Military Veterans Determined entitlements and benefits of Military Veterans -Housing -Health care Systems -Educational Opportunities -Business Opportunities -Pension -Transport subsidies Recognised the Military Veterans Association legislatively 5

Military Veterans Bill Long title substituted; Definition of Military Veterans rewritten; Various Benefits and their administration added; Eligibility: provision widened and restricted Establishment of Appeal Board included in the Bill; Functions of the Dept. Military Veterans' Affairs; Benefits and entitlements substituted for development programme And provides for matters incidental to the above. 6

Objects of the Bill To provide –for the benefits and entitlements to military veterans and their dependants, to determine the eligibility of military veterans; –for the President to be Patron-in-Chief of all military veterans; –for the establishment of an Advisory Council and Appeal Board; –for certain functions of the Department and for the development and implementation of policy; –and for matters incidental thereto. 7

Definitions “Military Veteran” means: – any SA citizen who rendered service to any of the military organizations, statutory and non-statutory, which were involved on all sides of SA’s liberation war from 1960 to 1994; or served in the Union Defence Force before 1961;or became members of the new SANDF after 1994; and has completed his or her military training and no longer performs military service, and has not been dishonourably discharged from that military organisation. 8

Benefits and services Benefits and services reflected in sec 5(1)(a) of the Bill, these benefits are- –Compensation for injuries; –Counseling and treatment –Honouring and memorialisation –Education, Training &Development; –Employment placement; 9

Benefits Cont’d Pension; Access to health care; Housing; Subsidisation or provisioning of public transport; and Business opportunities 10

Eligibility Military Veterans to be subjected to means test. Dependants eligible only if Military Veteran is legally obliged or was legally obliged to support the dependant. 11

Military Veterans’ Advisory Council The Bill establishes the MV Advisory Council. The DG invites military veterans’ organisations to submit nominations for the appointment of Board members. The Minister appoints members from the list of recommended nominees from the DG 12

Military Veterans’ Appeal Board The Appeal Board is established in sec 20. The Minister appoints members of the Board and designates the Chairperson after consultation with the Association. The Board will consider any appeal lodged with it by a military veteran against any decision taken by an official in terms of this Act which adversely affects the rights of military veterans. The Board may confirm, set aside or vary the relevant decision, substitute any other decision, or provide the required legal advice. 13

Repeal of the 1999 Act This Act repeals Military Veterans Affairs Act, Act 17 of

Questions and Comments 15