1

Contact Number: Postal Address:

E-mail Address:

Enquiries: Name & Surname

Date: _________________

The Director General (For Attention: Director Legal Services)

Department of Military Veterans

Per Post:
Department of Military Veterans
Private Bag X943
Pretoria
0001

Per Hand:
Department of Military Veterans
328 Festival Street
Hatfield
Pretoria
0001

By email to: Pensionregulationsinputs@dmv.gov.za

RE: PUBLICATION OF DRAFT MILITARY VETERANS PENSION BENEFIT

REGULATIONS, 2022 FOR PUBLIC COMMENT – OBJECTIONS,
COMMENTS AND RECOMMENDATIONS - WITHOUT PREJUDICE TO OUR
RIGHTS

Reference A: Constitution of the Republic of South Africa, Act

NO. 108 OF 1996 AS AMENDED
B: Military Veterans Act, 2011, No. 18 of 2011
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C: Government Notice No 37355 dated 19 February 2014 –

Military Veterans Act 2011, Military Veteran Benefits
Regulations
D: DMV Web Site http://www.dmv.gov.za/about.htm
E: The Ministers and Deputy Ministers Media Release/
Presentation inclusive if responses on questions and closing
remarks dated 22 December 2022
F: World Veteran Federation -
https://en.wikipedia.org/wiki/World_Veterans_Federation

Enclosure 1: PUBLICATION OF DRAFT MILITARY VETERANS PENSION

BENEFIT REGULATIONS, 2022 FOR PUBLIC COMMENT
signed by Minister of Defence and Military Veterans 7 December
2022

1. The invite indicated in Enclosure 1 to submit comments on the draft

regulations, is herewith accepted.

2. Documents Reference A; B; C and D and Media Release (Reference E) bear

reference.

3. Objection to the irregular publication process and circulation of Enclosure 1:

3.1 It is our submission that the publication and circulation of Enclosure 1 is

irregular.

3.2 Enclosure 1 invites interested persons or organizations to submit written

comments to the Department of Military Veterans (DMV) on the draft
regulations within 30 days from date of publication thereof.

3.3 Enclosure 1 has, however, not been published in the Government

Gazette, but it has been circulated within Parliament.
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3.4 The general public and interested parties, such as the respective Military
Veteran Associations have therefore not been given proper opportunity
to consider these draft regulations and to provide written comments
thereon.

3.5 The respective Military Veteran Associations have also not been
consulted before the publication and circulation of Enclosure 1.

3.6 The timing of the publication and circulation of Enclosure 1 is also

inappropriate as many active RSA citizens and Military Veterans are on
holiday and/or absent from their normal infrastructure to enable them to
consider these draft regulations and to provide written comments
thereon.

4. Objections to the content of Enclosure 1 and comments and proposals to

rectify and align it to conform and be complying to Reference A; B; C and D:

4.1 The Constitution of South Africa, 1996 (Reference A):

The content of Enclosure 1 is in contradiction to and in conflict with the

following provisions of the Constitution of South Africa, 1996. The
relevant provisions are highlighted in red print.

a. Chapter 1: Founding Provisions. We submit that the draft

regulations (Enclosure 1) infringe, is in contravention or in conflict
with, and/or is in contradiction with and/or not in support of
sections 1, 2 and 3 respectively of The Constitution of South
Africa, 1996 (Reference A).

i. Section 1 Republic of South Africa –

“1. The Republic of South Africa is one, sovereign,
democratic state founded on the following values:
 4

(a) Human dignity, the achievement of equality and the

advancement of human rights and freedoms.
(b) Non-racialism and non-sexism.
(c) Supremacy of the constitution and the rule of law.
(d) Universal adult suffrage, a national common voters roll,
regular elections and a multi-party system of democratic
government, to ensure accountability, responsiveness and
openness.“

ii. Section 2 Supremacy of Constitution –

“2. This Constitution is the supreme law of the Republic;
law or conduct inconsistent with it is invalid, and the
obligations imposed by it must be fulfilled.”

iii. Section 3 Citizenship –

“3. (1) There is a common South African citizenship.
(2) All citizens are—
(a) equally entitled to the rights, privileges, and benefits of
citizenship; and
(b) equally subject to the duties and responsibilities of
citizenship.

b. Chapter 2: Bill of Rights. We submit that the draft regulations

(Enclosure 1) infringe, conflicts with, and/or is in contradiction
with and/or not in support of sections 8, 9, 10, 11, 12(1), and 27
respectively of The Constitution of South Africa, 1996 (Reference
A).

i. Section 7 Rights –
“7. (1) This Bill of Rights is a cornerstone of democracy in
South Africa. It enshrines the rights of all people in our
country and affirms the democratic values of human
dignity, equality and freedom.
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(2) The state must respect, protect, promote, and fulfil the
rights in the Bill of Rights.
(3) The rights in the Bill of Rights are subject to the
limitations contained or referred to in section 36, or
elsewhere in the Bill.”

ii. Section 8 Application –

“8. (1) The Bill of Rights applies to all law, and binds the
legislature, the executive, the judiciary, and all organs of
state.
(2) A provision of the Bill of Rights binds a natural or a
juristic person if, and to the extent that, it is applicable,
taking into account the nature of the right and the nature of
any duty imposed by the right.
(3) When applying a provision of the Bill of Rights to a
natural or juristic person in terms of subsection (2), a
court—
(a) to give effect to a right in the Bill, must apply, or if
necessary, develop, the common law to the extent that
legislation does not give effect to that right; and
(b) may develop rules of the common law to limit the right,
provided that the limitation is in accordance with section
36(1).
(4) A juristic person is entitled to the rights in the Bill of
Rights to the extent required by the nature of the rights and
the nature of that juristic person.”

iii. Section 9 Equality –

“9. (1) Everyone is equal before the law and has the right
to equal protection and benefit of the law.
(2) Equality includes the full and equal enjoyment of all
rights and freedoms. To promote the achievement of
equality, legislative and other measures designed to protect
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or advance persons, or categories of persons, disadvantaged by unfair

discrimination may be taken.
(3) The state may not unfairly discriminate directly or
indirectly against anyone on one or more grounds,
including race, gender, sex, pregnancy, marital status,
ethnic or social origin, colour, sexual orientation, age,
disability, religion, conscience, belief, culture, language
and birth.
(4) No person may unfairly discriminate directly or
indirectly against anyone on one or more grounds in terms
of subsection (3) National legislation must be enacted to
prevent or prohibit unfair discrimination.
(5) Discrimination on one or more of the grounds listed in
subsection is unfair unless it is established that the
discrimination is fair.”

iv. Section 10 Human dignity –

“10. Everyone has inherent dignity and the right to have

their dignity respected and protected.”

v. Section 11 Life –
“11. Everyone has the right to life.”

vi. Section 12(1) Freedom and security of the person –

“12. (1) Everyone has the right to freedom and security of
the person, which includes the right—
(a) not to be deprived of freedom arbitrarily or without just
cause;
(b) not to be detained without trial;
(c) to be free from all forms of violence from either public
or private sources;
(d) not to be tortured in any way; and
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(e) not to be treated or punished in a cruel, inhuman or

degrading way.”

vii. Section 27 Health care, food, water and social security–

“27(1) Everyone has the right to have access to—
(a) health care services, including reproductive health
care;
(b) sufficient food and water; and
(c) social security, including, if they are unable to support
themselves and their dependants, appropriate social
assistance.
(2) The state must take reasonable legislative and other
measures, within its available resources, to achieve the
progressive realisation of each of these rights.”

Remarks: Thus, this document’ (Enclosure 1) content infringes

and or is in contravention and or is in conflict and or is in
contradiction and or is not in support and or confirms
discrimination and or confirms no respect and or is inhuman
and or is unreasonable and or not supportive to all military
veterans in destitute and or not in compliance with Reference
A Chapter 1: Par 1; 2 and 3 quoted above and indicated in red.

4.2 The Military Veterans Act, Act No. 18 of 2011 (Reference B):

The content of Enclosure 1 is in contradiction to and in conflict with the

following provisions of the Military Veterans Act. The relevant
provisions are highlighted in red print.

a. The definition of a "military veteran", namely “any South

African citizen who-
(a) rendered military service to any of the military
organisations, statutory and 15 non-statutory, which were
involved on all sides of South Africa's Liberation
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War from 1960 to 1994;

(b) served in the Union Defence Force before 1961; or
(c) became a member of the new South African National
Defence Force after 1994,
and has completed his or her military training and no longer
performs military service, and has not been dishonorably
discharged from that military organisation or force: Provided that
this definition does not exclude any person referred to in
paragraph (a),(b) or (c) who could not complete his or her military
training due to an injury sustained during military training or a
disease contracted or associated with military training;”

b. Section 3 Fundamental principles recognised by State, and

policy objectives

“3.(1) For the purposes of this Act, the following fundamental

principles are recognised by the State as governing affairs
relating to military veterans:
(a) Sacrifices made by military veterans in the service of or for
their country or their role in the democratisation of South Africa
are honored;
(b) compensation to which military veterans may be entitled for
disablement constitutes reparation and is, despite any provision
to the contrary contained 40 in any law, not a welfare benefit;
(c) in the event of a military veteran or category of military
veterans being considered for possible non-contributory aid by
the State, such military veteran or category of military veterans
must be subjected to a means test to determine their eligibility.
(d) special consideration must be given to benefit and relieve
military veterans who suffer from physical or mental disability
arising from military service rendered by them;
(e) disparities, inequalities or unfair discrimination as regards
the benefits of military veterans and their dependants must be
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identified and, where possible, remedied;

(f) all organs of state or governmental entities involved with
military veterans' affairs must cooperate with the Department
to ensure the achievement of the objects of this Act and,
within their available resources, take reasonable legislative
and other measures to achieve the progressive realisation
thereof; and
(g) no organ of state is committed or obliged to provide state
aid or any other assistance to any military veteran other
than through the existing legislative
and administrative channels.
(2) Any policy regarding the affairs of military veterans must be
aimed at-
(a) recognising and honouring military veterans in life and
remembering them in death for their sacrifices on behalf of the
nation;
(b) ensuring a smooth and seamless transition for military veterans
from active military service to civilian life;
(c) restoring the capability of military veterans with disabilities to the
greatest extent possible;
(d) improving the quality of life of military veterans and of their
dependants;
(e) providing a comprehensive delivery system of benefits and
services for military veterans;
(f) ensuring that military veterans as a resource enhance the
national work force and contribute to the prosperity and
development of the country; and
(g) contributing toward reconciliation and nation building.”

c. Section 5 Benefits relating to military veterans

“5. (1) The benefits relating to a military veteran are the following:
(a) Compensation to military veterans who sustained disabling
injuries or severe psychological and neuro-psychiatric trauma or
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who suffer from a terminal disease resulting from their participation

in military activities;
(b) dedicated counselling and treatment to military veterans who
suffer from serious mental illness, post-traumatic stress disorder or
related conditions;
(c) honouring and memorialising fallen military veterans;
(d) education, training and skills development;
(e) facilitation of employment placement;
(f) facilitation of or advice on business opportunities;
(g) subsidisation or provisioning of public transport;
(h) pension;
(i) access to health care;
(j) housing; and
(k) burial support.
(2) Subsection (I)(b),(d) and (h) also applies to a dependant of a
military veteran.
(a) The Minister has the responsibility, subject to available resources
and any regulation that may be prescribed in this regard, to ensure
that benefits are paid or provided to military veterans, either through
the Department or through other organs of state.
(b) (i) All organs of state that are responsible for the payment or
provisioning of benefits to military veterans are obliged to cooperate
with the Minister and the Department in respect of the payment or
provisioning of those benefits.”

Remark: Thus, the content of Enclosure 1 infringes with and/or is in

conflict and/or in contradiction with, and/or creates new definitions,
and/or applies in contradiction and/or is not in support with Reference
B sections 1, 3, and 5 respectively and discriminates against military
veterans from the statutory forces as the rest of the benefits criteria
accommodates statutory forces.

4.3 Military Veteran Benefits Regulations (Reference C):

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The content of Enclosure 1 is in contradiction, and/or in conflict, and/or

misaligned to the provisions of Reference C, especially as provided for
in regulation 2. The relevant provisions are highlighted in red print.

a. Regulation 2 Requirements to qualify for benefits

2. (1) A military veteran qualifies for one or more benefits provided
for in the Act and these regulations if he or she-
(a) meets the criteria prescribed in these regulations for the
benefit applied for; and
(b) is listed in the national military veterans data base.
(2) Despite sub-regulation (1), a military veteran who has been
convicted of rape, murder, robbery, theft or high treason
committed after 27 April 1994 ad sentenced to imprisonment for
a period exceeding 5 years without the option of a fine is
disqualified from receiving any benefits provided for in the Act and
these regulations.
(3) Sub-regulation (2) must not be interpreted as also
disqualifying a dependant of a military veteran disqualified in
terms of that sub-regulation from receiving any benefits provided
for in the Act and these regulations.

Remark: Thus, this document’ (Enclosure 1) content infringes and or

is in conflict and or is in contradiction and or create new definitions
and or apply in contradiction and or not in support with Reference C
quoted above and indicated in red – discriminates in terms of
Reference A with an unacceptable application of beneficiary grouping
of the Mil Vet Definition indicated above.

This regulation addressing pension benefits should be in alignment

to Reference C and or incorporated in Reference C enhancing one
set of Regulations.
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4.4 The Department of Military Veterans as reflected in the DMV Web Site
http://www.dmv.gov.za/about.htm (Reference D):

The content of Enclosure 1 is in contradiction and or in conflict and/or

in misalignment to the provisions and principles in, and/or not in support
of Reference D. The relevant provisions are highlighted in red print.

a. “About the Department of Military Veterans

The initiative of establishing the Department of Military Veterans
forms part of government's commitment to support and recognise
Military Veterans for their contribution to bring about the
realisation of a peaceful, democratic and prosperous South
Africa.”

b. “Vision
A dignified, unified, empowered and self-sufficient military
veterans’ community.”

c. “Mission
To facilitate delivery and co-ordinate all activities that recognise
and entrench the restoration of dignity and appreciation of the
contribution of Military Veterans to our freedom and nation
building.”

d. “Who is a "Military Veteran"?

According to the 2011 Military Veterans act, a military veteran is
any South African who rendered military service to any of the
military organisations, former statutory and liberation armies,
which were involved on all sides of South Africa's liberation war
from 1960 to 1993; served in the then Union Defence Force
before 1961 or became a member of the SANDF after 1994 and
has completed his or military training and no longer performs
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military duties, and has not been dishonourably discharged from

his or her respective military organisation.”

4.5 The Draft Military Veterans Pension Benefit Regulations, 2022,

signed by Minister of Defence and Military Veterans on 7 December
2022 (Enclosure 1):

The content of Enclosure 1 is in contradiction, and/or in conflict, and/or

in contest with, and/or not in support of the aforementioned provisions.
The relevant provisions are highlighted in red print:

a. Draft regulation 2 Persons eligible for military veterans’

pension benefits –

i. This draft regulation determines the following:

“(1) Subject to section 5 read with section 24 of the Act, a
Military Veteran is eligible for military veterans pension
benefit.
(2) For the purpose of subregulation (1), a Military Veteran
must be –
(a) a person who –
(i) is a citizen of the Republic of South Africa;
(ii) is a non-statutory force member; and
(iii) is listed in the Department of Military Veterans’
National Military Veterans database.”

ii. Draft regulation 1 defines a non-statutory force member

as follow - "non-statutory forces" means the former
armed forces of the liberation movements of the
uMkhonto we Sizwe, Azanian People's Liberation
Army and Azanian National Liberation Army.

iii. Draft regulation 2(2)(a)(ii) limits the persons eligible for

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military veterans’ pension benefits to members of the non-

statutory forces.

iv. This limitation effectively excludes all other military

veterans, such as ex members of the SADF and the
TBVC forces from receiving any military veterans’
pension benefits.

v. Recommendations is that the draft regulation 2(2) of

Enclosure 1 be amended as follow:

2 Persons eligible for military veterans’ pension

benefits –

(1) Subject to section 5 read with section 24 of the Act, a

Military Veteran is eligible for military veterans pension
benefit.
(2) For the purpose of sub regulation (1), a Military
Veteran, and where applicable, the dependants 1 of
such Military Veteran, must be –
(a) a person who -
(i) is a citizen of the Republic of South Africa;
(ii) is a registered and qualifying military veteran in terms
of the Act and regulations;
(iii) is resident in South Africa;
(iv) Define threshold combined income included in here
and qualifying criteria in terms of a defined means test to
be reviewed annually (aligned to other benefit criteria).
(v) is listed in the Department of Military Veterans'
National Military Veterans database; and
(vi) is aged sixty or above or disabled.
Note 1: Define qualifying dependant in regulation
definitions.
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b. Draft regulation 2(3)(c) Disqualification of Military Veterans

convicted of criminal offences in a foreign country:

i. The exclusion of cases of conviction of an offence as

stipulated in regulation 3(a) and sentenced to
imprisonment without the option of a fine only in a foreign
country, is not understood.

ii. The effect thereof is, for example, that a military veteran
who committed murder, other than murder for a political
purpose, outside the RSA and sentenced to imprisonment
without the option of a fine, would not be eligible for a
military pension, but if such a crime was committed within
the RSA, he/she would still be eligible for a military
pension, even though the murder committed within the
RSA was not of a political nature.

iii. The disqualification should apply to all cases of conviction

of an offence as stipulated in regulation 3(a) and
sentenced to imprisonment without the option of a fine,
other than an offence of a political nature, whether
committed and convicted within South Africa or in a foreign
country.

c. Draft regulation 3 Procedure for application for a military

veteran’s pension benefit –

i. The following subregulations should be added to the draft

regulation 3(2):
(f) Proof of residence.
(g) Proof of registration on DMV Mil Vet Data Base.
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ii. The following subregulations should be added to the draft

regulation 3(6): “If an application for the military veteran’s
pension benefit is approved, the Government Pensions
Administration Agency must inform the Military Veteran, in
writing or by electronic communication or by any other
means of communication, of such approval, and issue a
Military Veteran Pensioner Identity Card to the Military
Veteran.”

d. The Pensions Benefit Access Form MVP01_2022:

i. Paragraph 4.2 of this form should be aligned to DMV Mil

Vet Data Base Registration form, i.e. provision should be
made for all military forces prior to 1994, as follow:
4.1. ARE YOU REGISTERED IN THE NATIONAL MILITARY VETERANS DATABASE OF YES I NO
THE DEPARTMENT OF MILITARY VETERANS?

4.2. WHICH MILITARY FORCE WERE YOU A MEMBER OF PRIOR TO 1994? APLA AZANLA MK SADF SANDF
TDF VDF BDF CDF UDF

4.3. ARE YOU A RECIPIENT OF PENSION OR SOCIALGRANT FROM ANY INSTITUTION? YES NO

ii. Re. paragraph 4.8: Schedules 1, 2 and 5 to 8 of the

Criminal Procedure Act, 1977, provides for much more
offences than those listed in paragraph 4.8. Consider
either providing that the applicant must complete the list
of offences convicted of post 1994 or provide for some of
the offences as it is now and then provided for “other”
offences in which case the applicant should list these
other offences.

a. Re. paragraph 4.9: The question “How long were you sentenced
to imprisonment for or fined?” does not make sense. Consider
splitting it up to; “(1) Period of imprisonment” and “(2) Amount of
the fine”.

4.6 Media Presentation / Statement and Closing Remarks (Reference E)

Remarks: The Minister indeed in her closing remarks confirms and
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acknowledged addressing matters with SANMVA – to confirm this

process was not consultative with the SANMVA Member Organisations.
The Minister once again confirmed that not every military veteran will
qualify for the pension benefit – but those “destitute” military veterans –
thus discrimination should not be allowed and all destitute military
veterans as per the Military Veterans Act (Ref B) definition and also
confirmed that we need to “guard our constitution” – thus also not
allowing discrimination and assure compliance to the constitution and
the military veteran act.
4.7 It needs to be noted that the principal aims of the World Veteran Federation
are to defend the spiritual and material interests of veterans and victims of war
and their families by all available legal means and to maintain international
peace and security by the application to the letter and in spirit of the Charter
of the United Nations and by respecting the human rights and fundamental
freedoms set forth in the International Bill of Human Rights.[1] The latter Bill of
Human Rights incorporated in the South African Constitution.

5. Way forward:

5.1 It is my submission that the content of Enclosure 1 should firstly need

to be aligned with the content text and comprehension of References A;
B; C and D, as indicated. Thereafter the Department of Military Veterans
must engage via SANMVA with all Military Veteran Associations for final
inputs and compliance alignment.

5.2 Take note: the Statutory Military Veterans Organisations and

associations shall protect the interest of their members by all legal
means.

5.3 Take further note that if the Department of Military Veterans should
proceed with the promulgation of the draft regulations (Enclosure 1),
thereby excluding all Military Veterans from the former statutory forces
from the pension benefits provided for in the Military Veterans Act, 2011,
the Statutory Military Veteran Organisations will not hesitate to take any
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appropriate legal action, which may include approaching the

Constitutional Court, the High Court, the Public Protector and the
Human Rights Commission for the appropriate legal relief. However,
an amicable, fair, and just resolution of this issue, is foreseen.

5.4 In case of any uncertainties, please do not hesitate to contact the

respective Military Veteran Organisations.

_________________________________
SIGNATORY, INITIALS AND SURNAME