South Africa: Media Statement – Joint Standing Committee On Defence to Seek Clarity On Delayed Deployment Notification From the President

The Joint Standing Committee on Defence seeks clarity on a delay in communication regarding the deployment and subsequent extension of the South African National Defence Force (SANDF) troops in the Eastern Democratic Republic of Congo (DRC).

The committee noted that Section 201 of the Constitution mandates the President to formally notify Parliament of any decision to deploy SANDF troops in fulfilment of international obligations. However, the letter notifying the committee of the deployment of troops for international missions must be transparent, especially regarding potential military engagements. It needs to be submitted promptly following a deployment. The committee highlighted that such delays ultimately hamper the committee’s ability to conduct thorough oversight, thereby undermining constitutional obligations.

Committee Co-Chairperson Mr Malusi Gigaba said, “A recurring concern already highlighted in the 6th Parliament is the delay in being informed about deployments. The committee will draft a letter to the Speaker of the National Assembly and Chairperson of the NCOP, requesting they engage the President on why the notification took more than seven days to reach Parliament.”

The committee also met with the Office of the Military Ombud to discuss its 2024 Annual Activity Report and the status of Memoranda of Understanding between the Military Ombud and the Department of Defence.

The Office of the Military Ombud reported that 245 complaints had been lodged by SANDF members regarding their service conditions in the 2023/24 financial year. It also noted a low number of complaints from the public concerning the official conduct of SANDF members.

The committee expressed serious concerns about the Military Ombud’s effectiveness and independence, citing a high number of dismissed cases. Members also raised alarm over the Ombud’s complete financial dependence on the DOD, which oversees its budget. They argued that this arrangement compromises its autonomy and ability to function independently.

The committee further criticised the ineffective implementation of the Memorandum of Understanding (MOU) between the Military Ombud and the DOD, stating that this failure hinders the Ombud’s ability to operate efficiently. Of specific concern were several interventions to implement the MOU at the ministerial level without any success. To address these issues, the committee followed up with the Secretary for Defence and called for the urgent implementation of the MOU.

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Additionally, members called for increased budget allocations, allowing the Ombud to operate without financial constraints. While the committee commended the Ombud for avoiding wasteful expenditures, it raised concerns over the fact that only 50 per cent of its allocated operational budget had been utilised due to protracted procurement processes in the DOD.

The committee stressed that achieving a higher level of independence for the Military Ombud is essential for strengthening oversight, improving accountability and safeguarding the rights of both SANDF members and the public.

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