Minister seeks “dictatorial” civilian control

There is a new twist developing in the adverserial relationship between the Minister of Defence Lindiwe Sisulu and parliament’s Defence and Military Veterans Portfolio Committee over proposed new legislation that, among others, would see the end of unions in the South African National Defence Force (SANDF). This comes on top of a year-long battle between the committee and its member about the minister’s evasive replies to parliamentary questions.

Since her appointment to the defence portfolio a year ago, Minister Sisulu has developed a reputation for giving evasive or non-reply answers to questions from the committee and from members of parliament in the House. At one stage, the committee returned her replies, protesting that their questions were not answered.

The tardy way in which members of the Cabinet have been dealing with parliamentary questions twice led to calls from Deputy President Kgalema Motlanthe – who is also leader of government business in parliament – for them to answer questions timeously and to give written explanations when there are late responses.

Last week, Minister Sisulu was again dismissive at best, and openly sarcastic in some instances, in her response to the questions from members of opposition parties.

When asked by the Democratic Alliance’s David Maynier if she planned to “de-unionise” the SANDF, she replied that “this question has been dealt with extensively on numerous occasions in meetings with the Portfolio Committee on Defence and Military Veterans. I cannot understand what the honourable member is hoping to get out of this.”

There is, however, talk in the lobbies of parliament that there is a showdown on the cards between the minister and the portfolio committee over a proposed bill, which the committee feels could give her dictatorial control over the military.

The bill seeks to establish a permanent Defence Force Service Commission that would set the service conditions for soldiers – and determine, among other things, their salary increases, promotions, transfers and dismissals – and will take members of the SANDF out of the public service bargaining structures.

The bill, if it becomes legislation, will give the Defence minister the power to appoint the commissioners, accept or reject any of its recommendations, to dissolve the commission, and replace it with an administrator to take over its functions if the minister is not happy with its performance.

The portfolio committee, which has to scrutinise the bill before it goes to the National Assembly, is said to be not satisfied with the fact that parliament is being sidestepped in the process of appointing commissioners.

Committee chairperson Nyami Booi was reported as saying that the bill, as proposed, gives too much power to the executive. The way things are structured at present, the commission will function purely at the behest of the minister, he said.

The question of unions in the defence force has been an issue for some time since soldiers marched to the Union Buildings last year over grievances regarding their remuneration and working conditions.

In the wake of the labour unrest, Minister Sisulu set up an interim commission under Judge Ronnie Bosielo.

The Constitutional Court, however, has found that a ban on unions in the defence force would be unconstitutional.

Booi, at a recent session of his committee, insisted that a report dealing with, among others, labour relations in the defence force and about which Maynier made enquiries, should be made available to the committee to put it in a position to make informed decisions.

Ms Mpumi Mpofu, Secretary of Defence in waiting, was evasive on the matter and said she would be guided by the decision of Minister Sisulu on the request.