SANDF chief, General Rudzani Maphwanya, has refused to act on some of the military ombud's recommendations.
The South African Military Ombudsman, retired Lieutenant General Vusumuzi Masondo, has decried the slow pace in the implementation of the office’s recommendations, saying this has left a trail of disgruntled complainants.
Backlog of military ombud’s recommendations
On Friday, Masondo told the joint standing committee on defence that currently there is an implementation backlog of about 40 recommendations, some dating back to 2017.
“I must admit that there is a challenge with regard to the pace at which the recommendations are implemented, sometimes exceeding two years… This causes a problem with our complainants because we have had instances where some of them actually approached the Office of the Public Protector to have their recommendations implemented,” he lamented.
To address this challenge, Masondo said his office and that of the Chief of the SA Defence Force, General Rudzani Maphwanya, are meeting monthly to address challenges relating to the slow response by Services and Divisions, and the delay in implementing or non-implementation of recommendations.
He said this forum was not provided for in the legislative framework, but a gentleman’s agreement to ensure a smooth workflow.
The chief of the South African National Defence Force (SANDF) has recently come under the spotlight for defying Minister of Defence and Military Veterans Angie Motshekga’s order to reinstate SA Air Force Colonel Eugene Motati.
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Motati, who was fired in 2019 following untested sexual harassment claims, received a favourable ruling from the military ombudsman in 2023, but to date, he has yet to be reinstated as General Maphanya refuses to budge, without stating any reasons.
He has reportedly vowed not to reinstate the colonel, vowing that he will only act if given a court order.
Military ombud toothless
An officer whose ombudsman recommendation has been ignored for over three years now said the ombud was toothless and that implementations of recommendations were instead at the whim of the chief of the SANDF.
“There is nothing that the minister can do as the ombud recommendations are not binding. If he [Maphanya] does not want you back in the force, you are done because he will just ignore the recommendation for reinstatement.
“I know comrades whose cases are long concluded, but because whoever is in charge says no for no reason, they are in limbo. Those below rely on the directive of the man above, and all they can say is that they have not received the instruction from the chief,” he said.
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Long-running disputes
In December, the Supreme Court of Appeal (SCA) dismissed appeals brought by Warrant Officer Edgar Davids and Major Zilta Miles, but directed the minister to decide on the appropriate relief in their long-running disputes.
The duo had approached the court after the minister failed to act on recommendations by the Military ombud, who had upheld their complaints.
Davids had argued he was unfairly denied promotion and compensation, while Miles said she had been incorrectly classified as a lower-level pharmacist, affecting her pay since 2010.
The high court found the ombud’s recommendations were advisory, and the SCA agreed, ruling that the minister was not legally bound to implement them.
The SCA, however, found that the minister was required to decide on appropriate relief once recommendations were made.
