Military Ombud Act 4 of 2012
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REPUBLIC OF SOUTH AFRICA
Vol. 563 Cape Town 3 May 2012 No. 35309
THE PRESIDENCY No. 346 3 May 2012
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 4 of 2012: Military Ombud Act, 2012.
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Act No.4 of 2012
GOVERNMENT GAZETTE, 3 MAY 2012
(English text signed by the President) (Assented to 25 April 201 2)
Military Ombud, 2012
To provide for the establishment of an independent Office of the Military Ombud; and to provide for the appointment and functions of the Military Ombud; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:- Definitions
1. In this Act, unless the context indicates otherwise- " Constitution" means the Constitution of the Republic of South Africa, 1996; 5 "Defence Force" means the South African National Defence Force contemplated in section 11 of the Defence Act, 2002 (Act No. 42 of 2002); "Department" means the Department of Defence; "Deputy Ombud" means the Deputy Military Ombud appointed in terms of section 5; l 0 "member" bears the same meaning ascribed to it in section l of the Defence Act; "Minister" means the Minister responsible for defence; "Office" means the Office of the Military Ombud established in terms of section 2; "Ombud" means the Military Ombud appointed in terms of section 5; "prescribed" means prescribed by regulation under section 15. 15
Office of MUitary Ombud
2. (l) The Office of the Military Ombud is hereby established. (2) The seat of the Office must be determined by the Ombud in consultation with the
Object of Office
3. The objective of the Office is to investigate and ensure that complaints are resolved in a fair, economical and expeditious manner.
Mandate of Office
4. (I) The mandate of Office is to investigate complaints lodged in writing by-
( a) a member regarding his or her conditions of service; 25
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Act No. 4 ofl012 MilitaJy Ombud, 2012
(b) a former member regarding his or her conditions of service; (c) a member of the public regarding the officiaJ conduct of a member of the
Defence Force; or (d) a person acting on behalf of a member.
(2) For the purposes of thls section, conditions of service bear the same meaning 5 assigned to it under section I of the Defence Act. 2002 (Act No. 42 of 2002), as amended.
Appointment of Military Ombud and Deputy Military Om bud
5. ( I) The President must appoint a MWtary Om bud. (2) The Om bud must- I 0
(a) possess adequate knowledge of the Constitution and must have legaJ knowledge; and
(b) have knowledge of or experience in military and public administration that was gained over a period of 10 years.
(3) The President must, in consultation with the Ombud, appoint a Deputy Military 15 Ombudwho-
(a) possesses adequate knowledge of the Constitution; and (b) has knowledge of or experience in rniUtary and public administration that was
gained over a period of eight years. (4) The Ombud holds office for a non-renewable period of seven years. 20 (5) The remuneration and other tenns and condi tions of service of the Ombud and
Deputy Ombud must be determined by the President with the concurrence of the Minister of Finance: Provided that-
(a) the saJary of the Ombud must not be less than the saJary of a judge of a High Court, as determined by the President under section 2(1) of the Judges' 25 Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001 ); and
(b) such remuneration may not be reduced and such terms and conditions may not be adversely aJtered during the term of office of the Ombud and Deputy Ombud. 30
(6) The Ombud and Deputy Ombud may at any time resign by submitting a written notice to the President at least two months prior to the intended date of vacation of office.
(7) The President may remove the Ombud and Deputy Ombud from office on the grounds of misconduct, incapacity or incompetence, after affording the person concerned a reasonable opportunity to be heard, and subject to applicable legislation. 35
Powers and functions of Ombud and Deputy Ombud
6. ( I) The Ombud must investigate complaints lodged with the Office in accordance with thjs section.
(2) A complaint must be lodged in writing with the Office in the prescribed manner. (3) On receipt of a complaint the Ombud must register the complaint as may be 40
prescribed. (4) The Ombud must investigate a complaint fairly and expeditiously without fear,
favour or prejudice. (5) The Ombud may not investigate a complaint unless the Ombud-
( a) has in writing informed every other in terested party to the complaint of the 45 receipt thereof;
(b) is satisfied that all interested parties have been provided with such particulars that will enable the parties to respond to the complaint; and
(c) has afforded all interested parties the opponunity to submit a response to the complaint. 50
(6) For the purpose of subsection (1). the Ombud- (a) may summon any person to submit an affidavit or affinned declaration or to
appear before him or her to give evidence or produce any document that has a bearing on the matter before him or her;
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