AN ANALYSIS OF THE GAPS IN THE NEWLY ESTABLISHED SOUTH AFRICAN MILITARY OMBUD

<p>The South African Department of Defence and Military Veterans can be commended for having taken a bold step in an endeavour to establish an independent entity capable of conducting oversight of its military through the introduction of the Military Ombud Act. However, said Act seems not to a...

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Main Authors: Boitumelo Mmusinyane, Moses Montesh
Format: Article
Language:Afrikaans
Published: Stellenbosch University 2013-06-01
Series:Scientia Militaria
Online Access:http://scientiamilitaria.journals.ac.za/pub/article/view/1054
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spelling doaj-c1d99a09da904e97b40c985444a886012020-11-24T22:47:19ZafrStellenbosch UniversityScientia Militaria2224-00202013-06-0141110.5787/41-1-1054AN ANALYSIS OF THE GAPS IN THE NEWLY ESTABLISHED SOUTH AFRICAN MILITARY OMBUDBoitumelo MmusinyaneMoses Montesh<p>The South African Department of Defence and Military Veterans can be commended for having taken a bold step in an endeavour to establish an independent entity capable of conducting oversight of its military through the introduction of the Military Ombud Act. However, said Act seems not to adequately address pertinent issues experienced by the defence sector. These issues include who may submit a complaint, the independence of the Military Ombud (MO) and its accountability structure. Unless the Bill deals with these issues, we are likely to see dispossession of the public protector’s investigation powers and the establishment of a mere toothless tiger. Under the current format of the Bill, the MO is likely to become the Minister’s mouthpiece. It would deepen and marginalise military complainants’ hope of finding a remedy in an independent structure capable of challenging some of the questionable military acts or omissions that have no substance while not achieving the exercise, enjoyment and fulfilment of military complainants’ human rights in accordance with the 1996 Constitution of the Republic of South Africa.</p>http://scientiamilitaria.journals.ac.za/pub/article/view/1054
collection DOAJ
language Afrikaans
format Article
sources DOAJ
author Boitumelo Mmusinyane
Moses Montesh
spellingShingle Boitumelo Mmusinyane
Moses Montesh
AN ANALYSIS OF THE GAPS IN THE NEWLY ESTABLISHED SOUTH AFRICAN MILITARY OMBUD
Scientia Militaria
author_facet Boitumelo Mmusinyane
Moses Montesh
author_sort Boitumelo Mmusinyane
title AN ANALYSIS OF THE GAPS IN THE NEWLY ESTABLISHED SOUTH AFRICAN MILITARY OMBUD
title_short AN ANALYSIS OF THE GAPS IN THE NEWLY ESTABLISHED SOUTH AFRICAN MILITARY OMBUD
title_full AN ANALYSIS OF THE GAPS IN THE NEWLY ESTABLISHED SOUTH AFRICAN MILITARY OMBUD
title_fullStr AN ANALYSIS OF THE GAPS IN THE NEWLY ESTABLISHED SOUTH AFRICAN MILITARY OMBUD
title_full_unstemmed AN ANALYSIS OF THE GAPS IN THE NEWLY ESTABLISHED SOUTH AFRICAN MILITARY OMBUD
title_sort analysis of the gaps in the newly established south african military ombud
publisher Stellenbosch University
series Scientia Militaria
issn 2224-0020
publishDate 2013-06-01
description <p>The South African Department of Defence and Military Veterans can be commended for having taken a bold step in an endeavour to establish an independent entity capable of conducting oversight of its military through the introduction of the Military Ombud Act. However, said Act seems not to adequately address pertinent issues experienced by the defence sector. These issues include who may submit a complaint, the independence of the Military Ombud (MO) and its accountability structure. Unless the Bill deals with these issues, we are likely to see dispossession of the public protector’s investigation powers and the establishment of a mere toothless tiger. Under the current format of the Bill, the MO is likely to become the Minister’s mouthpiece. It would deepen and marginalise military complainants’ hope of finding a remedy in an independent structure capable of challenging some of the questionable military acts or omissions that have no substance while not achieving the exercise, enjoyment and fulfilment of military complainants’ human rights in accordance with the 1996 Constitution of the Republic of South Africa.</p>
url http://scientiamilitaria.journals.ac.za/pub/article/view/1054
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