The future of the Defence Amendment Bill still hangs in limbo amid allegations that Minister for Defence and Military Veterans Lindiwe Sisulu misled the Speaker of Parliament, Max Sisulu.
Last week, the parliamentary committee meeting shelved the Bill’s passage because the minister has refused to provide two interim reports on service conditions in the defence force, by the Interim National Defence Force Service Commission (INDFSC).
The committee maintains that is needs to see the reports, which it believes will have a bearing on the Bill before it can process the legislation.
The minister however denies that the committee needs to see the reports, and informed the speaker of this in a letter last week.
The move to shelve the legislation was followed by a strongly worded letter from Sisulu, who told committee chairperson Nyami Booi that the minister had given the speaker assurances that the two reports had no bearing on the Bill.
“In light of the letter from the minister, it would seem there is not reason for the committee not to continue consideration of the Bill,” he wrote.
Sisulu had earlier met with the minister and head of government business Kgalema Mothlanthe, who gave assurances that the reports were being dealt with by the Cabinet, following which they would be given to parliament.
Ministerial spokesperson Ndivhuwo Mabaya said the minister maintained that the reports had no bearing on the Bill.
“We are of the view that the portfolio committee has enough information to process the Bill,” he said.
“If the committee needs any further information to process the Bill, they can approach the department.”
He said that the reports could not be submitted without being finalised by the interim commission and reviewed by Cabinet.
When it was set up, the interim commission was tasked with creating a new service dispensation for the defence force. The Bill currently before Parliament also includes in its objectives the creation of a permanent defence force commission, which would oversee service conditions in the military.
The second interim report, which the Mail & Guardian has seen, contains recommendations on the setting up of a permanent defence force commission, including the process of nominations, its terms of reference and its functions.
These recommendations also formed part of the draft legislation.
But where the report recommends the president appoint a nominations committee to recommend potential candidates, the Bill lists the minister as having this responsibility.
The power that the Bill grants the minister to appoint commissioners has already sparked the ire of MPs, who warned this would undermine their ability to hold the executive to account.
Mabaya said he could not comment any further on the matter, as he had not seen the report.
The first interim report however remains a contentious issue, as it is believed to outline the dire service conditions that military servicemen and women face.
David Maynier, MP for the Democratic Alliance, earlier this week accused the minister of misleading the speaker.
He said that a briefing by the commission to the portfolio committee in March stated that the second interim report contained recommendations on the establishment of a permanent commission, belying the minister’s arguments that the legislation and the reports were not linked.
Meanwhile, the parliamentary process remains stalled, delaying any potential improvements in the circumstances of soldiers on the ground.
“There are no new developments,” said Booi.
He said there was a committee meeting scheduled for next week where the issue would be discussed further.