Military Veteran's Affairs Act

23 April 1999 It is hereby notified that the President has assented to the following Act which is hereby published for general information:— Hierby word bekend gemaak dat die President sy goed- keuring gehe~ het aan die onderstaande W e t wut hierby ter algemene inli~ting gepubliseer word:— No. 17 of )999: Milltary Veteran’s Affairs Act, 1999. No. 17 \an 1999: Wet op Aangeleenthede betretiende klilit~re Veterane, 1999. 2 Xo. 199(>7 GO\”ERNkl FXT CIAZETTE. 23 APRIL 191)9 Act so. 17, 199Y if ILIT,lR}’ VETERANS’ AFFAIRS ACT, 1999 (Er~glish [e.xt sigfzed by the Presidej~t.) (Asse!zted to 14 Aj]ril 1999.) ACT To provide for the development of national standards regarding military veterans and their dependanm, including their entitlements; for the President to be Patron-in-Chief of all military veterans; for relevant Cabinet Committees to perform certain functions for the purposes of this Act; for responsibilities of the Minister of Defence; for the establishment of an Advisory Board for Military Veterans’ Affairs; for an Office for Militiry Veterans’ Affairs; for the development, promotion and implementation of policy; and for matters incidental thereto. B E IT ENACTED by the Parliament of the Republic of South Africa, as follows:— PART I DEFINITIONS, PR~CIPLES AND AUTHORITY OF PRESIDENT, CABINET COMMITTEES AND MINISTER Definitions ( i)

1. In this Act, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Defence Act has the meaning so assigned to it and— “Advisory Board.’ means the Advisory Board for Milita~ Veterans’ Affairs, established by section 5; (i) “ap~roved develo~ment uro~ramme” means— (a) .- (ii) . . in relation to a development programme which for the implementation thereof in terms of iegislat~on ‘or administration only involves the Department of Defence or recognised military veterans’ organisations, a development programme approved by the Minister; in relation to any other development programme, any such development programme which has been approved by one or both of the Cabinet Committees: (iv) (b) (iii) (iv) (v) “Cabinet Committees” means the Cabinet Committees referred to in section 4(2); (vi) “Defence Act” means the Defence Act, 1957 (Act No. 44 of 1957); (xii) “defendant”. in relation to a military veteran, means a person— (a) who is the spouse, widower, widow or child of the military veteran; or (b) who is otherwise legally or factually dependent on the military veteran for suppo~ and maintenance; and (c) who complies with the requirements and conditions which may be 5 10 15 20 25 prescribed; (ii) (vi) (vii) “development programme”, in relation to affairs relating to, and particularly, the entitlements of, military veterans envisaged in paragraph (c)(iv) of section 15, means any such programme which has, in terms of paragraph (c)(vi) of the 30 said section been formulated by the Office in accordance with the provisions of this Act and the prescribed format and requirements; (x) in relation to a military veteran and his or her defendants, “entitlement”. includes arty pension, grant, allowance, subsidy, compensation, accommoda- tion or retirement assistance, loan, insurance benefit, burial benefit, social 35 4 Y,>, I 99(>7 G(>\’ERXJIEXT G,AZE~E. 23 ,APRII. lYY~} ,ict N’(). 17. 19YY If II. IT,iR}’ VETEKANS’ AFFAIKS /lCT, 1~)(~9 assistance or other benefit which any such person is entitled to in law tind any prescribed entitlement: (xiv) “mi]itary \e[eran’. means any person wh~— (~() either \oluntaril! or under conscription or call-up ser\Jed as L member (viii) o f- (i) the Union Defence Forces or any military force of a country allied to the fomler Union Government during the Great War of 1914 to 1918. W’orld War 11 bein& the war which commenced on 6 September 1939. or [he hostilities in Korea from 1950 to 1953: or (ii) the South African Defence Force or any defence force of a territory 10 which prior to the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993). enjoyed the status of an independent State in terms of a law of the Republic of South Africa: or 5 (iii) the South African National Defence Force, and has not been dishonorably discharged, is retired, or no longer serves in the South African National Defence Force and is a citizen of the Republic, and irrespective of whether any such service envisaged in subparagraph (i), (ii) or (iii) has been rendered in a permanent or in a part-time component or part-time capacity; or 15 20 (b) is a “war veteran” as defined in section 1 of the Social Assistance Act, 1992 (Act No. 59 of 1992); or (c) served as a member of any non-statutory force as defined in section 1 of the Demobilisation Act, 1996 (Act No. 99 of 1996); or (ix) (x) (d) belongs to any other prescribed cate&ory of military veterans; (viii) 25 “Minister.’ means the Minister of Defence; (ix) “Office” means the Office for Military Veterans’ Affairs, established by section 14( 1): (vii) (xi) “prescribed” means prescribed by regulation; (xiii) (xii) “recognised military veterans’ organisations” means organisations or asso- 30 ciations established in respect of military veterans in the private sector and recognised by the h4inister as lawfully representative of interests of military veterans; (iii) “regulation.’ means any regulation made under section 16; (xi) “this Act” includes the regulations. (v) 35 (xiii) (xiv) Construction of Act

2. The provisions of this Act must not be construed as entitling any person who is defined as a military veteran in this Act. or his or her defendants, to any entitlement provided for in any other existing law merely on the grounds of such definition. Fundamental principles 40

3. For the purposes of this Act the following fundamental principles are recognised by the State as governing affairs relating to military veterans, namely tbat— (a) sacrifices made by military veterans in the service of or for their country or their role in the democratisation of South Africa are honoured; (b) compensation to which military veterans may be entitled for disablement 45 constitutes reparation and is, despite any provision to the contrary contained in any law. not a welfare benefit; (c) in the event of a military veteran or category of military veterans being considered for possible aid by the State, which is non-contributory, subject to “ budgetary and infrastructure constraints, such military veterans must have 50 been income- and means-tested and must, in the case of female veterans, have reached the age of 55 years and, in the case of male veterans, have reached the age of 60 years; I (1 s{). 19Y07 GOIJERNhl ENT GAZETTE. 23 ,APRII. 1999 .Act No. 17.1999 hfILITARY VETERANS” AFFAIRS ACT. 1999 (d) special consideration must be given that must benefit and relieve military veterans who suffer from any physical or mental disability arising from military service rendered by them; (e) disparities. inequalities or unfair discrimination as regards the entitlements of military veterans and their defendants, must be identified and, where possible, 5 remedied; &) all governmental entities involved with milit~y veterans’ affairs must co-operate with the Office to ensure the achievement of the objects of this Act, and, within their available resources, to take reasonable legislative and other measures to achieve the progressive realisation thereofi and (g) the State. or any State Department or State Agency, may not undertake, be committed. or obliged to provide State aid or any other assistance to any military veteran other than through the existing legislative and administrative channels. Authority of President, Cabinet Committees and Minister 10 15 4. (1) The President is the Patron-in-Chief of all tilitary veterans, subject to the provisions of the Constitution. (2) The President may designate Cabinet Committees t~ (a) exercise oversight over the implementation of this Act; (b) consider proposals emanating from the Minister, after consultation with the 20 other Ministers concerned with military veterans’ affairs, with regard to policy, funding and budgetary implications in connection with such affairs; and (c) promote the implementation of approved development progrmmes. (3) The Minister may take any necessary step to achieve the objects of this Act. 25 PART II ADVISORY BOARD ON MILITARY VETERANS’ AFFAIRS Establishment of Advisory Board on Military Veterans’ Affairs

5. An Advisory Board on Military Veterans’ Affairs is established to attend to the interests of military veterans. Composition of Advisory Board

6. The Advisory Board consists of— (a) the Chai~erson and members appointed in terms of section 7( 1); and (b) the Director of the Office. Appointment of members of Advisory Board 7. (1) The Minister, after consultation with the Chief of the South African National Defence Force, must appoint— (a) the Chairperson; and (b) not fewer than two and not more than four members to serve on the Advisory Board. 30 35 40 (2) The members referred to in subsection (1) must be appointed from persons nomina[ed by recognised military veterans’ organisations in accordance with the prescribed procedure. 4 s xl). 19Y67 GOVERNNIENT G.AZEmE. 23 APRIL 1999 Act No. 17.1999 kIILIT.4RY VETERANS’ AFFAIRS ACT. 1999 Remuneration and allowances of members of Advisory Board 8. ( 1 ) The members of the Advisory Board who are not in the full-time employment of the State. must be paid such remuneration and allowances as may be determined by the Minister in consultation with the Minister of Finance. (2) The terms of employment, including the remuneration of a member of the 5 Advisory Board, may not be adversely altered during the term of office. Term of office 9. (1) The Chairperson serves in a full-time capacity. (2) The other members of the Advisory Board serve in a part-time capacity. (3) The Chairperson and other members of the Advisory Board will serve for a period 10 not exceeding five years but are eligible for reappointment at the end of their term of office. Removal from office 10. (1) The Minister may remove a member of the Advisory Board from office only on the grounds of misconduct, incapacity or incompetence. (2) A decision to remove a member of the Advisory Board from office must be based on a finding of an independent tribunal appointed by the Minister. (3) The Minister may suspend a member of the Advisory Board from office pending the finding of the tribunal refereed to in subsection (2). Resignation 11. (1) The Chairperson of the Advisory Board may resign by giving written notice of three months to the Minisiter but the Minister may, after consultation with the Chief of the National Defence Force, accept a shorter notice period. (2) Other members of the Advisory Board may resign by giving written notice of three months to the Chairperson but the Chairperson may accept a shorter notice period. Meetings of Advisory Board 12. (1) The first meeting of the Advisory Board must be held on such a date, time and place as the Chairperson may determine. (2) All subsequent meetings must be held on such dates, times and places as the Chairperson may determine in consultation with the Advisory Board. (3) The Advisory Board must determine the rules of procedure for the conduct of its business at its meetings. 15 20 25 30 (4) A decision of the majority of the members of the Advisory Board present and forming a quorum at a meeting is binding on the Advisory Board. (5) The quorum for any meeting of the Advisory Board must be fifty percent of the 35 total members of the Advisory Board plus one. (6) In the event of an equality of votes the Chairperson has a casting vote in addition to the deliberative vote. (7) A member who has a personal or financial interest in any matter before the Advisory Board must disclose that interest and withdraw from the proceedings of the 40 Advisory Board when that matter is considered. Powers and duties of Advisory Board 13. (1) The Advisory Board is responsible to the Minister and must— (a) perform duties and exercise powers granted to, or imposed on, it in terms of this Act; 45 (b) on its own initiative or at the request of the Minister, or of the Office, m&e recommendations to the Minister and furnish advice on all matters pertaining to military veterans and their defendants. (2) The Advisory Board must, within 90 days after31 March in every year, submit a report to the Minister on its activities and the activities of the Office, and the Minister 50 must table it in Parliament. 1() N(), 19907 GOVERNLIENT GAZE~E. 23 APRIL I Y9Y Act No. 17, 1999 .MILIT.AR}’ VETERANS” AFFAIRS ACT. 1999 PART III OFFICE FOR NIILITARY VETERANS’ AFFAIRS Establishment of Office for hlilitary Veterans’ Affairs 14. (1) An Office for Milit~ Veterans. Affairs is established in the Department of Defence and it must perform duties and exercise powers granted to, or imposed on, it in 5 terms of this Act. (2) The Secretary for Defence is the accounting officer of the Office. Powers and duties of 05ce for Military Veterans’ Affairs

15. The Ofice— (a) must be managed by a Director of Military Veterans’ Affairs who must— 10 (i) be appointed by the Secretary for Defence in consultation with the Minister: and (ii) perform the duties as secretary of the Advisory Board; (b) must provide the required services and infrastructure to the Advisory Board and must act on the recommendation and advice of the Advisory Board; 15 (c) must investigate any— (i) submission, inquiry or complaint received from any individual military veteran or his or her dependant; or (ii) such submission, inquiry or complaint relating to military veterans’ entitlements or those of their defendants submitted to the Office by the 20 Minister or the Advisory Board; (d) must provide— (i) the Minister, the Advisory Board or any such individual with a full report and recommendations; and (ii) such individud with appropriate advice or assistance as maybe required; 25 ( e ) must— (i) review, develop and co-ordinate policy regarding military veterans’ affairs; (ii) report to the Minister on the monitoring of the execution of approved military veterans’ policies by State departments and provincial executive 30 authorities, and the rendering of inputs for required corrective action; (iii) research, define, investigate, evaluate and promote military veterans’ affairs on an integrated basis; (iv) identify legislative or administrative disparities, inequalities or unfair discrimination regarding the entitlements and the needs of military 35 veterans and their defendants in order to rectify such disparities, inequalities or unfair discrimination; (v) review existing legislation with a view to mting new policy and promoting a consolidation of such legislation in order to provide for an integrated regulation of affairs of military veterans and their defendants; 40 (vi) formulate development programmed and submit proposals and recom- mendations to the relevant State departments and provincial executive authorities in connection with the development of military veterans’ affairs; ~) must consult the Department of Defence, and other State departments and 45 provincial executive authorities, and all other persons, organisations or institutions who or which are concerned with military veterans’ affairs, to achieve the objects of this Act; (g) must, as soon as practicable after the date of commencement of this Act, 12 N(1. i 1~~)(,7 (; O\ ’ERNhf EN’T G.4ZETTE. 23 APRIL IY9Y ,ict No. 17. 199Y hi1L1T,4RY \’ETERANS’ .AFFAIRS ,4 CT. 1999 (h) (i) (j) (k) (1) 5 conduct J survey of State-controlled and privately administered schemes or programmed dealing with any aspect of the affairs of military veterans: must collect data and information regarding all existing entitlements of military veterans and their defendants, and establish a data base on military veterans and military veterdrts’ affairs. which must be updated re&ularly: must include, in any such data base. information collected and compiled as provided for in paragraph (h), and data regarding persons qualifying as military veterans or defendants: must compile data of ascertained disparities, inequalities or unfair discrimi- nation regarding the entitlements and needs of military veterans and their 10 defendants which require rectification on a group or individual basis, whether by legislative provision or otherwise; must, as soon as practicable after the date mentioned in paragraph (g), compile a priority list of the prescribed development programmed, proposals or recommendations, to be dealt with in the interest of military veterans and their 15 defendants; must submit develo~rnent programmed to the Minister— (i) for submission’to Cabine~ Committees for their approval; or (ii) for his or her approval, and must publish all approved development programmed in the Gazette for 20 public notification, whereupon such programmed become binding on all persons and bodies to which they refer and must be implemented according to their terms; (m) may forward proposals or recommendations in connection with any aspect of affairs relating to military veterans and their defendants to the Minister or the 25 Advisory Board, or any other person or body, for purposes of obtaining advice, guidance, direction or endorsement; (n) may m~e inputs, through the Department of Defence, in respect of policy and budgets of State and provincial administrations relating to military veterans’ affairs; (o) may negotiate with State departments, provincial executive authorities and non-governmental organisations to act as agents for the Depafiment of Defence to carry out duties regarding military veterans; and (p) may exercise any power and perform any duty as maybe prescribed. PART IV MISCELLANEOUS 30 35 Regulations 16. (1) The Minister may, subject to the provisions of this Act, m~e regulations relating tb (;) (b) (c) (d) any matter required or permitted to be prescribed by or in terms of any 40 provision of this Act; appeals or reviews, in cases where no express provision is made therefor in any other law, including the composition of a body or bodies to conduct such appeals or reviews, and administrative procedures and infrastructure regard- ing the conduct of such appeals or reviews; the remuneration, allowances and other terms and conditions of employment and service benefits of any member of the Advisory Board in respect of services rendered, whether on a part-time or a full-time basis, in consultation with the Minister of Finance after having considered recommendations by the Secretary for Defence in that regard; generally, any other matter which is necessary to be prescribed for the better achievement of the objects of this Act, the generality of this provision not being limited by the particular provisions of any other paragraph of this subsection. 50 45 (2) Different regulations may be made regarding different persons or bodies or 55 different categories of persons or bodies, if such differential treatment does not amount to unfair discrimination. 14 X(). 19Y(>7 GO\rERKhl ENrT CJ,4ZETTE. 23 APRI1. 19Y~ Act No. 17, 1999 jll LITAR}’ \rETER.4NS’ AFFAIRS ACT. 1999 Regulations made under any la~~

17. The hfinister and the Advisory Board must be consulted when a regulation relating to a matter exclusively affecting the rights or entitlements of military veterans or their defendants is made under any law. Funding 5

18. The costs and expenses connected with the administration and implementation of this Act must be defrayed from moneys appropriated by Parliament to the Department of Defence for that purpose. Short title and commencement

19. This Act is called the Military Veterans’ Affairs Act. 1999, and comes into 10 operation on a date determined by the President by proclamation in the Gazette.