INTEGRATION
1. The integration of former government, homeland and guerilla forces, many of which were once enemies, is a powerful illustration of the government's commitment to national reconciliation, unity and transformation.
2. The integration process, which began immediately after the elections in 1994, has two legs: integrating into the SANDF all personnel whose names appear on the Certified Personnel Registers of the statutory and non-statutory forces identified in the Constitution (with the subsequent inclusion of APLA); and the education and training of all members of the SANDF to meet international standards of competence and professionalism. The second leg includes the civic education programme on democracy described in Chapter 3.
3. Bridging and supplementary programmes have been designed to empower members of the SANDF, irrespective of origin, so that they stand an equal chance of demonstrating their suitability for the rank and mustering which they hold when rationalisation occurs.
4. The DOD has three governing principles for integration: all members of the SANDF shall be treated with respect and dignity; integration shall proceed in a spirit of partnership; and, as required by the Constitution, there shall be no discrimination.
5. The overarching goal is to establish a new institution which is professional, efficient, effective and broadly representative. Representativeness refers to the racial, and gender composition of the SANDF and to the fair integration and equitable representation of the constituent integrating forces at all ranks. Failure to meet this goal will critically undermine the legitimacy of the SANDF.
6. Thus far the process of integration has not been easy or trouble-free. Numerous problems and grievances have emerged and, at times, have given rise to serious tension. Many of these difficulties were inevitable given the political and logistical complexities of merging forces. Nevertheless, the DOD is committed to preventing and managing such problems and tension in a constructive way.
7. To this end, a ministerial Integration Oversight Committee has been established to monitor the process and adherence to policy; the Committee includes members of the SANDF, the Defence Secretariat and the Joint Standing Committee on Defence. Integration committees also exist at Defence Headquarters and Arms of Service levels. A British Military Advisory and Training Team (BMATT) is responsible for ensuring the fairness of the process.
AN ALL-VOLUNTEER FORCE
8. The previous system of white conscription was divisive and costly. The continued enforcement of this system would be discriminatory and contrary to the Constitution. A moratorium has therefore been placed on the prosecution of conscripts who do not respond positively to call-ups.
9. For political, strategic and economic reasons, the SANDF will be an all-volunteer force. It will comprise a relatively small Regular Force, including a civilian component, which is backed up by a sufficiently large Part-Time Force. The regular component has different categories of employment, including a flexible term service system for uniformed members.
10. There is also a Controlled Reserve which consists of trained personnel who have done military service but have since left the SANDF, and all such persons whose names appear on the Certified Personnel Registers. If required, these people can still be utilised on a voluntary basis.
11. A basic structure of this nature is extremely cost-effective and allows for flexibility in force levels according to the internal and external security environment. It will be capable of dealing with potential aggressors but is essentially defensive in nature. It will also provide on-going interaction between `career soldiers' and `citizen-soldiers'.
12. As a result of the shift from a conscript to a volunteer force, the DOD will have to design appropriate strategies to attract a high quality of recruits, secure the required rate of turnover, develop functional and technical skills, and ensure Representativeness. These strategies will relate to recruitment, selection criteria, remuneration packages, educational opportunities, career development plans, and education and training programmes.
13. The size and structure of the Regular Force will be derived from the force design and structure of each Arm of Service of the SANDF.
PART-TIME FORCE
14. The new Part-Time Force (PTF) will be made up of volunteers. Selective recruitment may be necessary to ensure racial and gender Representativeness. The size and structure of the PTF will be determined by the force design and structure of the SANDF as a whole. These matters will be dealt with in the Defence Review.
15. The PTF will consist of personnel who serve on a part-time basis when required. They will be organised, trained and equipped in such a way that they are available for deployment alongside Regular Force members according to the demands placed on the SANDF.
16. Members of the PTF will undergo training and will be instructed in the civic education programme on democracy.
17. In consultation with the Public Service Commission, the DOD has developed financial and other incentives to encourage people to volunteer for part-time service. It is also considering special measures to motivate employers to support members of their staff who are part-time volunteers, and to prevent discrimination against these members.
18. The DOD has initiated an investigation into the feasibility and desirability of constituting the Part-Time Force Council (PTFC) as a statutory body. The PTFC will comprise members of the existing part-time forces, the former non-statutory forces and the regimental associations. The primary goal of the Council is to assist in promoting and maintaining the PTF as an integral part of the SANDF, in accordance with the standards set for the SANDF in the Constitution. The Council shall have no command function and shall not form part of the chain of command.
19. The SANDF will investigate on a continuous basis the need for, and the creation of, command and other posts for its part-time members in order to provide them with greater responsibility for command and control of this component.
DEMOBILISATION AND RATIONALISATION
20. As a result of integration, force levels have been greatly inflated. The current size of the SANDF is neither cost-effective nor appropriate to the security situation.
21. A process of demobilisation and rationalisation is therefore being planned, and in certain respects is already underway.
22. Demobilisation refers to the voluntary release of members of the former non-statutory forces who are constitutionally part of the SANDF but who either do not wish to serve in the Defence Force or are unable to do so for reasons of age, ill-health or aptitude.
23. Since these people contributed to the struggle against apartheid, it would be unjust to end their military careers without compensation, especially in the case of aged and disabled military veterans. They will consequently be assisted financially, as well as through the Special Pensions Act envisaged by the Constitution. It is a matter of great importance that this Act is now promulgated.
24. Rationalisation will entail the reduction of the Regular Force to approved force levels through, inter alia, the retrenchment of military personnel following integration. Civilian members of the DOD will also be rationalised as required. This process will be based on budgetary considerations and the future size and shape of each Arm of Service of the SANDF.
25. Rationalisation will take place according to the following principles: the pursuance of operational readiness; fair labour practice; transparency; all members and employees being equally eligible; the enhancement of productivity; the active promotion of Representativeness; the maintenance of expertise; and the retention of people with a high level of performance or potential.
26. Procedures, criteria and time-frames for rationalisation will be subject to consultation with, and will be communicated timeously to, military and civilian personnel.
27. Rationalisation will also be conducted in accordance with the policy and goals of equal opportunity and affirmative action programmes within the DOD.
28. The DOD will ensure that the process does not discriminate against members of any of the former forces which now make up the SANDF. A formula and guidelines for achieving equitable representation will be outlined in the Defence Review.
29. Demobilisation and rationalisation will be handled with great sensitivity. This is both a moral obligation and a political necessity. If former soldiers are not assisted in adapting to civilian life, they may be a burden on society and may engage in crime and banditry.
30. The DOD will therefore develop a programme to prepare former soldiers for meaningful civilian careers. In liaison with educational institutions and employer bodies, every effort will be made to identify educational and employment opportunities in civil society.
31. This programme is essentially a socio-economic project. For budgetary purposes, it should be regarded as part of the RDP rather than the normal defence function.
32. Further, the Cabinet has approved the establishment of a Service Corps to upgrade the education and vocational skills of ex-combatants, and to assist in their reintegration into civilian society. The Service Corps will offer counselling, training and settlement schemes to assist members in finding employment in the formal and informal sectors.
33. The Service Corps has been conceived as a project of the RDP. It will operate on a national and regional level in conjunction with the RDP and other government departments.
34. The DOD will consult the parliamentary defence committees in formulating detailed plans for demobilisation and rationalisation, and will present these plans for approval by Parliament once they have been finalised.
EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
35. The integration of forces has substantially altered the composition of the Defence Force. For historical reasons, however, the SANDF does not yet reflect the demographic composition of South Africa.
36. In order to secure the legitimacy of the armed forces, the DOD is committed to the goal of overcoming the legacy of racial and gender discrimination. It will ensure that the SANDF, and its leadership in particular, is broadly representative of the South African population.
37. The DOD acknowledges the right of women to serve in all ranks and positions, including combat roles.
38. In the light of the above, the Minister will oversee the design and implementation of an affirmative action and equal opportunity programme. To this end, the Minister will establish a joint work group on affirmative action and equal opportunity within the DOD.
39. The emphasis of the programme will be on the education, training and development of black officers, service women and other previously disadvantaged personnel. Appropriate strategies in this regard will include special education and training courses, career development plans, and the reorientation of recruitment and promotion systems.
40. The programme will also seek to identify and eliminate discriminatory practices and attitudes in the Defence Force. This is both a constitutional imperative and a matter of `combat readiness'. The SANDF will not perform its functions effectively if capable people are excluded from senior posts because of prejudice, or if these tendencies undermine cohesion and morale.
41. Similarly, it will be necessary to review what is meant by `professional standards' since this is a complex and controversial subject. Certain standards may be judged objectively, such as those related to the utilisation of weaponry and equipment, but others may be judged subjectively due to cultural bias.
42. The programme will be applied in a manner which is consistent with the Constitution and which avoids undermining the morale of military personnel and compromising universally accepted standards of professionalism, proficiency and safety.
43. The Minister will present to Parliament detailed plans on the equal opportunity and affirmative action programme in the DOD. The Minister will report annually to Parliament on the progress made in implementing the programme.
DEFENCE LABOUR RELATIONS
44. The DOD is considering various options for appropriate labour machinery by means of which the interests of SANDF members can be articulated and addressed. A comparison with other countries indicates that unionisation in armed forces, even with severe limitations, is the exception in democratic countries.
45. The International Labour Organisation (ILO) recognises the inherent difficulty of applying the right to organise to armed forces. The ILO Convention of 1948 provides that the extent to which this right is extended to security services is matter for national legislation and regulations.
46. The DOD has weighed carefully whether this is an area where reasonable limitations upon conventional labour rights should be imposed. The following factors were taken into account: the difficult process of integration underway; the importance of the SANDF as a guarantor of stability during the transition; and the potential for the promotion of racial and other divisions in the SANDF.
47. Accordingly, a number of limitations will apply to serving members of the SANDF. For example, the Labour Act of 1995 does not apply to these members. They are excluded from the Commission for Conciliation, Mediation and Arbitration envisaged in this Act, as well as from collective bargaining under the Bargaining Council for the Public Service.
48. The Defence Act prohibits membership of trade unions and participation in strikes, but makes provision for the introduction of regulations to govern the labour rights of members.
49. Notwithstanding the above, it is clear that members of the SANDF are entitled to effective and just grievance procedures, channels of communication and other mechanisms for ensuring that their aspirations and complaints are heard and addressed.
50. Existing channels through which uniformed members may resolve grievances include the normal command channel, procedures for redress of wrongs as prescribed in the Military Disciplinary Code, and new communication procedures which have been introduced for a trial period to deal with grievances or dissatisfaction of uniformed members. A tribunal established by the Labour Appeal Court Sitting as a Special Tribunal Act of 1995 will deal specifically with grievances emanating from rationalisation.
51. It is also envisaged that suitably empowered mechanisms will be introduced in order to expand the means of uniformed members to address their needs. The Military Ombudsperson, referred to Chapter 3, may be one such mechanism.
52. Labour relations which affect civilian members of the DOD are governed by the Public Service Act and related legislation and regulations. In addition, a special mechanism has been created to involve the employee organisations representing civilian members of the DOD in the rationalisation consultation process.
53. The DOD will ensure the provision of a healthy working environment for its personnel as prescribed by the Occupational Health and Safety Act.
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