Demobilisation Act

1. In this Act, unless the context otherwise indicates- (i) " certified personnel register" means the certified personnel register referred to in section 224(2) of the Constitution; (iv) (ii). "closing date", for the purposes of section 6(1)(c), means the date 12 months after. the date on which this Act comes into operation; (x.) (iii) "Committee" means the Demobilisation Committee, established by section 2; (vi) 5 10 (iv) "Constitution" means the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993); (v) (v), '~demobilisation': means the disbanding of members· .. of. the_ former : non~ 15 statUtory forces who do not enter into agreements for temporary or permanent appointment with the South African Defence Force, as contemplated in section 236(8)(d) of the Constitution; (ii) (vi) "Department" means the Department of Defence; (iii) (vii) "dependant", for the purposes of section 5, includes- 20 (a) any person in respect of whom the deceased was legally liable for maintenance at the time of his or her death; (b)_ any child of the deceased born after his or her death; (c) any surviving spouse of the deceased by virtue of a marriage or a union contracted in accordance with customary law or which is recognized as 25 a marriage in "accordance with the tenets of a religion; (i) (viii) "Minister" means the Minister of Defence; (vii} (ix.) .. non-statutory forces" means the armed forces not established by any law and i knoV!n or formerly __ known as.~ the_Azanian People's Liberation. Army~ and uMkhonto we Sizwe; (viii) · (x) ·• ''personnel list" means a list certified and submitted after the commencement of the Constitution, but before the adoption of the new constitutional text, as envisaged in section 73 of the Constitution, by a person duly authorised by the non-statutorv force. (ix) PART2 DEMOBIUSATION COMMIITEE 30 35. Establishment of demobilisation committee 2. (1) There is hereby established a demobilisation committee which is accountable to the Minister, and which consists of a Chairperson and no fewer than fdur other members. 4 No. 17609 Act No. 99, 1996 GOVERNMENT GAZETIE, 27 NOVEMBER 1996 . DEMOBIL1SATION ACf, 1996 (2) The Chairperson and members shall be appointed by the Minister and shall be officials in the employment of the Department. Duties and powers of Committee . . ' .. ''. . . .. ; '. . . .. ~ 3. (1) The Conimittee shall-'.:. . (a) consider applications submitted to it in terms of this Act; (b) determine whether an applicant is eligible to benefit under the demobilisation programme in terms of sections 4 and 5; (c) determine the benefit payable to each applicant; (d) pay to an eligible applicant a demobilisation gratuity as provided for in the Schedule; · · 5 10 (e) determine the validity of the mandate of any person to act on behalf of the (j} applicant referred to in section 6(2); and if it decides that an applicant is not eligible to benefit under the demobilisation programme- (i) inform the applicant in writing of its decision, giving reasons therefor; 15 and · inform the applicant in writing of his or her right to appeal against th~ decision. (ii) · · · (2) To enable it to perform its duties, the Committee shall have power- (a) (b) (c) if it finds it necessary, to conduct any investigation in relation to any 20 application lodged with it; to require any person to appear before it to give evidence or produce any document in or under his or her possession or control; and to conduct the activities which are necessary to carry out or exercise its duties and powers. , · · · 25 (3) The Committee may at any time review its decision if new facts are placed before it. PART3 APPliCATION OF ACT Parliamentary Oversight 30

4. The Joint. Standing Committee of Parliament. on Defence· shall establish a multiparty subcommittee to oversee the administration and implementation of the demobilisation programme. · · · ·, · · · · Right to be demobilised . ~, I 5. (1) Any former member of the non-statutory forces- . 35 (a) whose name and particularS appear in the certified personnel register or in a personnel list; · ' . . (b) who has· not entered into an agreement' for temporary ' or permanent employment with the South African National Defence Force as contemplated · in section 236(8)( d) of the Constitution; and . 40 (c) who no longer wishes to continue with a military career or does not satisfy the employment policies or the teims and conditions· of service of the South African National Defence Force, · · · · · shall have the right, subject to the' provisions of this Act, to be demobilised aJJd to receive a demobilisation gratuity determined in the Schedule. , 45 (2) The Minister may on good cause shown order the inclusion in the register or list referred to in subsection (I) the name of any former member oftlie non-statutory forces which was by reason 'of an administrative oversight or error or for any other reason not included in or was deleted from that register or list before the 'date contemplated in paragraph 3 of Annexure D to the Constitution of the Republic of South Africa, 1996. A 50 name so included shall be deemed to have been included before the said date. .. ' i Exclusion of recipients of demobilisation gratuity from Permanent Force . :1 . - .

6. No person shall be appointed to any position in the permanent force component of ; • • ' • • J ' • - • • 6 No. 17609 Act No. ~. 1996 GOYERNMENTGAZETTa27NOYEMBER1~6 DEMOBILISATION ACf, 1~6 the South African National Defence Force if he or she has accepted a demobilisation gratuity. Dependant's benefit 7. (I) Notwithstanding the provisions of any other law, a surviving dependant of any person who, but for his or her death, would have been eligible for demobilisation in 5 terms of section .4, shall, subject to subsection (3), be entitled to receive the demobilisation gratuity to which that person would have been entitled, had he or she survived. (2) For the purposes of this section, section 4(c) shall not apply in determining the eligibility of the deceased. (3) The demobilisation gratuity referred to in subsection (I) shall, if the person referred to in that subsection- ( a) (b) (c) is survived by a spouse, be paid to that spouse; . is survived by more than one spouse, be paid to those spouses in equal proportions; is not survived by a spouse but by a dependant or dependants, be paid to that .. . . · dependant, or those dependants in equal proportions. (4) A dependant's benefit shall only be paid out after the closing date for the submission of applications. . ' ' • l Applications for benefits 10 15 20 8. (I) Any person wishing to apply for a benefit under the demobilisation programme shall- . (a) complete an application in the form determi.i:ted by the Committee; (b) have acommissioner of oaths certify on the form that the applicant swore or affirmed that the information in that form is true and correct; and 25 (c) submit the application form to the Committee on or before the closing date. (2) If a person who is eligible to a benefit under the demobilisation programme is unable to. apply in person in terms of subsection (1) because of mental illness or any other disability, another person may submit the application on his or her behalf. PART4 30 APPEAL MECHANISMS Right of appeal 9. (I) Any applicant who is dissatisfied with any decision of the Committee may appeal to the Minister by serving a written notice within 30 days after being informed of the Committee's decision. A copy of the notice of appeal shall be lodged with the 35 Committee. (2) Within 21 days after the service of the notice of appeal, the applicant shall submit to the Minister his or her Written grounds of appeal. · · Proc~dure on appeal 10. (I) After receiving the applicant's notice of appeal, the Committee shall, without 40 delay, send to the Minister and the applicant' a report of its findings. . . . . . (2) On receipt of the Conimittee's report, the Minister or any other person designated by the Minister shall inform the applicant in writing of the date on which the appeal is to be considered. · (3) The applicant or another person acting on his or her behalf shall be given an 45 opportunity to make representations to the Minister or any_ other person designated by the Minister. · · · . (4) After considering all the relevant info~atio~ the Minister may...:.. . . ·~ · · .. · · · · ' · · · · , . 8 No. 17609 Act No. 99, 1996 GOVERNMENT GAZETTE. 27 NOVEMBER 1996 DEMOBILISATION ACT, 1996 • (a) confinn, vary or withdraw the decision of the Committee; (b) refer the matter back to the Committee for further consideration together with such instructions as are necessary to enable the ·committee to deal with the application; or (c) make such findings as he or she may deem necessary. 5 (5) The applicant and the Committee shall be informed in writing of the Minister's decision . . · (6) Th~ decision of the Minister shall be final. PARTS COMMUNICATIONS RELATING TO DEMOBIUSATION . 10 Duty of Committee to inform . ' . 11. The Committee ~hall take all necessary steps in order to 'infomi the public as t~ ' : (a)· the existence of the progranune; · · the establishment of the Corrunittee; the grounds for eligibility; the closing date for the submission of applications; and . · · (b) ·· .: (c) (d) · · • • (e) any other matter that may assist applicants in understanding the demobilisation programme and procedural matters relating thereto. PART6 MISCELLANEOUS Tax liability - . . .

12. The provisions of section IO(l)(x)(iv) of the Income Tax Act, 1962 (Act No. 58 of 1962), shall apply to a benefit paid in terms of this Act. Support mechanisms 13 •. The Department shall provide the Committee with logistical, technical and 25 · administrative support. · · · · Indemnity

14. No act or omission of the Minister or the Committee in terms of this Act shall render the Minister or the Corruiuttee liable in respect of anything arising from such act or omission, unless that act or omission was in bad faith or constituted gross n~gligence. 30 Retrospecthity

15. All demobilisation gratuities that have been paid before the commencement of this Act and which could have been paid in terms of this Act, shall be deemed to have been paid in terms of this Act. Short title and commencement 35

16. This Act shall be called the Demobilisation Act, 1996, and shall come into operation on a date fixed by the President by proclamation in the Gazette. 15 20 10 No; 17609 Act No. 99, 1996 GOVERNMENT GAZETIE, 27 NOVEMBER 1996 DEMOBILISATION ACf, 1996 SCHEDULE -GRATUITIES PAYABLE TO MEMBERS OF NON-STATUTORY FORCES ON DEMOBILISATION . AMOUNT. R42 058 R34 313 R28 721 R20 201 Rl2 734 • _ _5 .. . GROUP . . REGISTERED ' WITH NON-STATUTORY FORCE A B c D E On or between I January 1961-31 December 1972 On or between I January 1973--31 December 1976 On or between I January 1977-31 December 1982 On or between I January 1983-3J. December 1989 .. On or between I January 1990-26 Aprill994 ; ' ·.! ·.·.· . .. . I .. ; . ., j J' : ,·;. r;, .. , ' ' ,. . ~ .. _,·.