NATIONAL SECURITY POLICY AND THE RDP
1. In the new South Africa national security is no longer viewed as a predominantly military and police problem. It has been broadened to incorporate political, economic, social and environmental matters. At the heart of this new approach is a paramount concern with the security of people.
2. Security is an all-encompassing condition in which individual citizens live in freedom, peace and safety; participate fully in the process of governance; enjoy the protection of fundamental rights; have access to resources and the basic necessities of life; and inhabit an environment which is not detrimental to their health and well-being.
3. At national level the objectives of security policy therefore encompass the consolidation of democracy; the achievement of social justice, economic development and a safe environment; and a substantial reduction in the level of crime, violence and political instability. Stability and development are regarded as inextricably linked and mutually reinforcing.
4. At international level the objectives of security policy include the defence of the sovereignty, territorial integrity and political independence of the South African state, and the promotion of regional security in Southern Africa.
5. The Government of National Unity recognises that the greatest threats to the South African people are socio-economic problems like poverty, unemployment, poor education, the lack of housing and the absence of adequate social services, as well as the high level of crime and violence.
6. Accordingly, one of the government's policy priorities is the Reconstruction and Development Programme. The RDP is the principal long-term means of promoting the well-being and security of citizens and, thereby, the stability of the country.
7. There is consequently a compelling need to reallocate state resources to the RDP. The challenge is to rationalise the SANDF and contain military spending without undermining the country's core defence capability in the short- or long-term [Chapter 5]. As a matter of sound organisational practice, any cuts to the defence budget should be rational and well planned.
8. The new approach to security does not imply an expanded role for the armed forces. The SANDF may be employed in a range of secondary roles as prescribed by law, but its primary and essential function is service in defence of South Africa, for the protection of its sovereignty and territorial integrity.
9. The SANDF therefore remains an important security instrument of last resort but it is no longer the dominant security institution. The responsibility for ensuring the security of South Africa's people is now shared by many government departments and ultimately vests in Parliament.
DEFENCE IN A DEMOCRACY
10. The theme of this White Paper is the formulation of new defence policy and the transformation of the Department of Defence. Transformation is essential in the light of three sets of factors: the history of armed forces in our country; the new strategic environment at international, regional and domestic levels; and, most importantly, the advent of democracy in South Africa.
11. The process of transformation will be guided by the following principles of `defence in a democracy'. These principles derive from the Constitution and government policy.
11.1 National security shall be sought primarily through efforts to meet the political, economic, social and cultural rights and needs of South Africa's people, and through efforts to promote and maintain regional security.
11.2 South Africa shall pursue peaceful relations with other states. It will seek a high level of political, economic and military co-operation with Southern African states in particular.
11.3 South Africa shall adhere to international law on armed conflict and to all international treaties to which it is party.
11.4 The SANDF shall have a primarily defensive orientation and posture.
11.5 South Africa is committed to the international goals of arms control and disarmament. It shall participate in, and seek to strengthen, international and regional efforts to contain and prevent the proliferation of small arms, conventional armaments and weapons of mass destruction.
11.6 South Africa's force levels, armaments and military expenditure shall be determined by defence policy which derives from an analysis of the external and internal security environment, which takes account of the social and economic imperatives of the RDP, and which is approved by Parliament.
11.7 The SANDF shall be a balanced, modern, affordable and technologically advanced military force, capable of executing its tasks effectively and efficiently.
11.8 The functions and responsibilities of the SANDF shall be determined by the Constitution and the Defence Act.
11.9 The primary role of the SANDF shall be to defend South Africa against external military aggression. Deployment in an internal policing capacity shall be limited to exceptional circumstances and subject to parliamentary approval and safeguards.
11.10 The SANDF shall be subordinate and fully accountable to Parliament and the Executive.
11.11 The SANDF shall operate strictly within the parameters of the Constitution, domestic legislation and international humanitarian law. It shall respect human rights and the democratic political process.
11.12 Defence policy and military activities shall be sufficiently transparent to ensure meaningful parliamentary and public scrutiny and debate, insofar as this does not endanger the lives of military personnel or jeopardize the success of military operations.
11.13 The SANDF shall not further or prejudice party political interests.
11.14 The SANDF shall develop a non-racial, non-sexist and non-discriminatory institutional culture as required by the Constitution.
11.15 The composition of the SANDF shall broadly reflect the composition of South Africa. To this end, affirmative action and equal opportunity programmes will be introduced.
11.16 The SANDF shall respect the rights and dignity of its members within the normal constraints of military discipline and training.
12. The principles outlined above are explored in more detail in the following chapters. The implications for the doctrine, posture and structure of the SANDF will be dealt with in the Defence Review.
INTERNATIONAL LAW ON ARMED CONFLICT
13. The Defence Chapter of the Constitution contains three Sections which refer to international law: soldiers may refuse to obey orders in breach of this law; the SANDF shall not contravene the law relating to aggression; and in situations of armed conflict, the SANDF shall comply with South Africa's obligations under international law and treaties.
14. These provisions reflect the conviction of Parliament and the Executive that South Africa should conduct its foreign policy as a responsible member of the international community.
15. There are two main categories of international law on armed conflict: the `law against war' which relates to aggression and the right to resort to force; and the `law in war', also referred to as international humanitarian law, which governs the conduct of hostilities.
16. The main rule of the law against war is contained in Article 2(4) of the United Nations Charter:
"All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations."
17. There are three lawful exceptions to this substantive ban on the threat and use of force in international relations:
17.1 Article 42 of the UN Charter authorises the collective use of force to maintain or restore international peace and security under the auspices of the UN Security Council.
17.2 Article 53 permits the Security Council to mandate regional organisations to take enforcement action in certain circumstances.
17.3 Article 51 preserves the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations.
18. Article 2(4) of the Charter stipulates the following positive obligation:
"All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered."
19. International humanitarian law is contained chiefly in the Hague Conventions and the Geneva Conventions and Protocols. These treaties seek to regulate the conduct of armed conflict, and the rights and duties of belligerent parties, with reference to humanitarian concerns.
20. In summary, the treaties outlaw attacks on non-military targets; impose a duty to protect the victims of armed hostilities; prohibit certain methods of warfare; and contain restrictions and absolute prohibitions on the use of specific categories of arms (eg chemical and biological weapons).
21. International law on armed conflict will enjoy primary consideration in the preparation and execution of military operations. SANDF personnel, particularly at leadership level, will consequently be instructed on the relevant provisions of this law [Chapter 3].
22. The SANDF shall be bound by all other international conventions and treaties which pertain to armed conflict and to which South Africa is a party.
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