MILITARY OMBUDSMAN BILL

Similar documents
LOCAL GOVERNMENT: MUNICIPAL SYSTEMS AMENDMENT BILL

GENETICALLY MODIFIED ORGANISMS AMENDMENT BILL

NATIONAL PUBLIC HEALTH INSTITUTE OF SOUTH AFRICA BILL

COMMISSION ON GENDER EQUALITY AMENDMENT BILL

DEFENCE AMENDMENT BILL

LABOUR RELATIONS AMENDMENT BILL

SECOND-HAND GOODS BILL

KENYA GAZETTE SUPPLEMENT

Prison (Amendment) (No. 2) 1 A BILL. i n t i t u l e d. An Act to amend the Prison Act 1995.

ANALYSIS ~ , No. 34 An Act to amend the Armed Forces Discipline Act 1971

LAWS OF KENYA THE NATIONAL POLICE SERVICE COMMISSION ACT. No. 30 of 2011

MINE HEALTH AND SAFETY AMENDMENT BILL

RESTITUTION OF LAND RIGHTS AMENDMENT BILL

LAWS OF KENYA THE NATIONAL GENDER AND EQUALITY COMMISSION BILL, 2011

CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT AMENDMENT BILL

NATIONAL HEALTH LABORATORY SERVICE AMENDMENT BILL

State Owned Corporations Legislation Amendment (Staff Directors) Act 2013 No 36

FILMS AND PUBLICATIONS AMENDMENT BILL

CONSTITUTION OF ZIMBABWE AMENDMENT (NO. 19) BILL, 2008

REFUGEES AMENDMENT BILL

Act 16 Local Governments (Amendment) Act 2010

Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005 No 43

Children and Young Persons (Care and Protection) Amendment Act 2009 No 22

Copyright Juta & Company Limited

BASIC CONDITIONS OF EMPLOYMENT AMENDMENT BILL, [Words in bold type indicate omissions from existing enactments]

Australian Citizenship Amendment (Citizenship Testing) Act 2007

Government Gazette REPUBLIC OF SOUTH AFRICA

KENYA GAZETTE SUPPLEMENT

CONSTITUTION FOURTEENTH AMENDMENT BILL

LAWS OF KENYA NO. 5 OF 2012

The Petition to County Assembly Bill, 2012 PETITIONS TO COUNTY ASSEMBLIES BILL, 2012 ARRANGEMENT OF CLAUSES

NOTICE 1095 OF 2014 DEPARTMENT OF TRANSPORT PUBLICATION FOR COMMENTS OF THE DRAFT AIRPORTS COMPANY AMENDMENT BILL, 2014

Number 36 of 2004 OMBUDSMAN (DEFENCE FORCES) ACT 2004 ARRANGEMENT OF SECTIONS. Section. 1. Interpretation. 2. Appointment of Ombudsman.

Advocate for Children and Young People

THE POLICE. 2. The Malawi Police Force shall enjoy only such powers as. 3. In the exercise of their functions, members of the Malawi

NATIONAL MINIMUM WAGE BILL

BUILT ENVIRONMENT PROFESSIONS LAWS AMENDMENT BILL, 2017 BILL

NATIONAL GENDER AND EQUALITY COMMISSION ACT

REPUBLIC OF SOUTH AFRICA LEGAL PRACTICE BILL

Sections 14 and 18 commenced after the expiry of the term of office of the members of the National Council in office when Act 8 of 2014 was enacted.

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

Legal Aid (Amendment) 1 A BILL. i n t i t u l e d. An Act to amend the Legal Aid Act [ ]

EXTENSION OF SECURITY OF TENURE AMENDMENT BILL

THE KENYA NATIONAL COMMISSION ON HUMAN RIGHTS ACT, 2011 NO. 14 OF 2011 LAWS OF KENYA

Government Gazette REPUBLIC OF SOUTH AFRICA

Government Gazette REPUBLIC OF SOUTH AFRICA

Identification Legislation Amendment Act 2011 No 45

Local Government Amendment (Conduct) Act 2012 No 94

FILMS AND PUBLICATIONS AMENDMENT BILL

ABORIGINAL COUNCILS AND ASSOCIATIONS LEGISlATION AMENDMENT BILL 1994

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$2.00 WINDHOEK - 7 May 2010 No. 4480

COMMISSION ON ADMINISTRATIVE JUSTICE ACT

Number 31 of 2001 STANDARDS IN PUBLIC OFFICE ACT 2001 REVISED. Updated to 13 April 2017

PUBLIC AUDIT AMENDMENT BILL

The Government Owned Entities Bill, 2014 THE GOVERNMENT OWNED ENTITIES BILL, 2014 ARRANGEMENT OF CLAUSES

NATIONAL LAND COMMISSION ACT

PRIVATE SECURITY INDUSTRY REGULATION AMENDMENT BILL

31 USC 321. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

Number 49 of Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015

HOUSE OF REPRESENTATIVES BILL

INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA AMENDMENT ACT

NATIONAL MINIMUM WAGE BILL

Occupational Health and Safety Amendment Bill 2011

LABOUR RELATIONS AMENDMENT BILL

TM NATIONAL DROUGHT MANAGEENT AUTHORITY BILL, 2013 ARRANGEMENT OF CLAUSES Clause PART I--PRELIMINARY 1-Short tle

(1 August 2014 to date) EMPLOYMENT EQUITY ACT 55 OF (Gazette No , Notice No dated 19 October 1998.

CHOICE ON TERMINATION OF PREGNANCY AMENDMENT BILL

Workplace Relations Legislation Amendment (Independent Contractors) Act 2006

Skills Board Act 2013 No 99

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

ACT ARRANGEMENT OF ACT. as amended by

BROAD-BASED BLACK ECONOMIC EMPOWERMENT AMENDMENT BILL

THE HIGH COURT AND THE SUPREME COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) AMENDMENT BILL, 2015

COMMUNAL PROPERTY ASSOCIATIONS AMENDMENT BILL

MAINTENANCE AMENDMENT BILL

COMMUNAL PROPERTY ASSOCIATIONS AMENDMENT BILL, 2016

LAND USE MANAGEMENT BILL

The Ombudsman Act, 2012

Mental Capacity (Amendment) Bill [HL]

Government Gazette REPUBLIC OF SOUTH AFRICA

REPUBLIC OF SOUTH AFRICA DRAFT IMMIGRATION AMENDMENT BILL

Government Gazette REPUBLIC OF SOUTH AFRICA. Vol. 567 Cape Town 14 September 2012 No

ANALYSIS. 1980, No. 2. An Act to amend the Commissions of Inquiry Act 1908 [4 July BE IT ENACTED by the General Assembly of New Zealand

Act No. 9 of 2018 BILL

B I L L. (Assented to ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

PRIVATE SECURITY INDUSTRY REGULATION AMENDMENT BILL

HIGHER EDUCATION AMENDMENT BILL

INTERGOVERNMENTAL RELATIONS ACT

SALARIES AND REMUNERATION COMMISSION ACT

CONSTITUTION SEVENTEENTH AMENDMENT BILL

Judicial Services and Courts Act [Cap 270]

1ST SESSION, 41ST LEGISLATURE, ONTARIO 64 ELIZABETH II, Bill Pr19. (Chapter Pr6 Statutes of Ontario, 2015)

The Council of La Trobe University makes this Statute under section 30 of the La Trobe University Act 1964.

Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 38, No. 76, 28th April, No. 18 of 1999

Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the

Prisons and Courts Bill

Data Protection Bill [HL]

THE CONSTITUTION OF KENYA (AMENDMENT) BILL, A Bill for. AN ACT of Parliament to amend the Constitution of Kenya

FOUNDATIONS PROCEDURES 2016

Lord Howe Island Amendment Act 2004 No 12

Transcription:

REPUBLIC OF SOUTH AFRICA PORTFOLIO COMMITTEE AMENDMENTS TO MILITARY OMBUDSMAN BILL [B 9-2011] (As agreed to by the Portfolio Committee on Defence and Military (National Assembly)) Veterans) 2011-10~ 10 [B 9A-2011] ISBN 978-1-77037-887-2 No. of copies printed 800

2 AMENDMENTS AGREED TO MILITARY OMBUDSMAN [B 9-2011] BILL LONG TITLE 1. On page 2, first line, to omit "the Office of the Military Ombudsman" and to substitute "an independent Office of the Military Ombud". 2. On page 2, second line, to omit "Ombudsman" and to substitute "Ombud". CLAUSE 1 I. On page 2, from line 5, to omit the definition of "complaint". 2. On page 2, in line 14, to omit "Deputy Ombudsman" and to substitute "Deputy Ombud". 3. On page 2, in line 14, to omit "Deputy Military Ombudsman" and to substitute "Deputy Military Ombud". 4. On page 2, in line 18, to omit "Ombudsman" and to substitute "Ombud". 5. On page 2, in line 20, to omit "Ombudsman" and to substitute "Ombud".. 6. On page 2, in line 20, to omit "Ombudsman" and to substitute "Ombud". CLAUSE 2 1. On page 2, in line 22, to omit "Ombudsman" and to substitute "Ombud". 2. On page 2, in line 23, to omit "Ombudsman" and to substitute "Ombud". 3. On page 2, in line 24, to omit "Ombudsman" and to substitute "Ombud". I. Clause rejected. CLAUSE 4 NEW CLAUSE 1. That the following be the new clause: Mandate of Office 4. (1) The mandate of Office is to investigate complaints lodged in writing by- (a) a member regarding his or her conditions of service; (b) a former member regarding his or her conditions of service; (c) a member of the public regarding the official conduct of a member of the Defence Force; or

(d) a person acting on behalf of a member. (2) For the purposes of this section, conditions of service bear the same meaning assigned to it under section 1 of the Defence Act, 2002 (Act No. 42 of 2002), as amended. CLAUSE 5 1. On page 3, in line 1, to omit "Military Ombudsman and Deputy Military Ombudsman" and to substitute "Military Ombud and Deputy Military Ombud". 2. On page 3, from line 2, to omit subsection (1) and to substitute the following: "(1) The President must, on the recommendation of the National Assembly, appoint a Military Ombud.". 3. On page 3, after line 5, to insert the following: "(2) The National Assembly must recommend persons nominated by the Portfolio Committee on Defence and Military Veterans and approved by the National Assembly by a resolution adopted with a supporting vote of a majority of its members. (3) Due regard must be given to- (a) participation by the public in the nomination process; (b) transparency and openness; and (c) the publication of a shortlist of candidates for appointment. (4) The Ombud must- (a) possess adequate knowledge of the Constitution and must have legal knowledge; and (b) have knowledge of or experience in military and public administration that was gained over a period of 10 years. ". 4. On page 3, in line 6, to omit "Ombudsman" and to substitute "Ombud". 5. On page 3, in line 7, to omit "Ombudsman" and to substitute "Ombud". 6. On page 3, in line 11, to omit "Ombudsman" and to substitute "Ombud". 7. On page 3, in line 11, to omit "five" and to substitute "seven". 8. On page 3, in line 12, t~ omit "Ombudsman" and tosubstitute "Ombud". 9. On page 3, in line 13, to omit "Ombudsman" and to substitute "Ombud". 10. On page 3, from line 19, to omit paragraph (b). 11. On page 3, after line 20, to insert the following: "(b) such remuneration may not be reduced and such terms and conditions may not be adversely altered during the term of office of the Ombud and Deputy Ombud.". 12. On page 3, in line 21, to omit "Ombudsman and Deputy Ombudsman" and to substitute "Ombud and Deputy Ombud". 13. On page 3, after line 23, to insert the following: "(9) The Ombud may be removed from office on- (a) the ground of misconduct, incapacity or incompetence; (b) a finding to that effect by the Portfolio Committee on Defence and Military Veterans; and

4 (e) the adoption by the National Assembly of a resolution calling for the removal of the Ombud from office: (10) A resolution of the National Assembly concerning the removal of the Ombud from office must be adopted with a supporting vote of a majority of the members of the National Assembly.". 14. On page 3, in line 24, to omit "Ombudsman or Deputy Ombudsman" and to substitute "Deputy Ombud". CLAUSE 6 L On page 3, in line 27, to omit "Ombudsman and Deputy Ombudsman" and to substitute "Ombud and Deputy Ombud".. 2. On page 3, in line 28, to omit "Ombudsman" and to substitute "Ombud". 3. On page 3, from line 28, to omit "in terms of section 4" and to substitute "in accordance with this section". 4. On page 3, after line 29, to insert the following: "(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 prescribed." 5. On page 3, in line 30, to omit "Ombudsman" and to substitute "Ombud". 6..On page 3, in line 32, to omit "Ombudsman" and to substitute "Ombud". 7. On page 3, in line 39, to omit "Ombudsman" and to substitute "Ombud". 8. On page 3, in line 47, to omit "Ombudsman" and to substitute "Ombud". 9. On page 3, in line 48, to omit "confirm" and to substitute "uphold". 10. On page 3, from line 52, to omit subsection (6) and to substitute the following: "(8) If the Ombud upholds the complaint, the Ombud must recommend the appropriate relief for implementation to the Minister.". 11. On page 3, in line 55, to omit "Ombudsman" and to substitute "Ombud".. 12. On page 3, in line 58, to omit "Ombudsman" and to substitute "Ombud". 13. On page 4, in line 1, to omit "Ombudsman" and to substitute "Ombud". 14. On page 4, in line 2, to omit "as the Minister may determine". 15. On page 4, in line 3, to omit "Ombudsman" and to substitute "Ombud". 16. On page 4, in line 4, to omit "Ombudsman" and to substitute "Ombud". 17. On page 4, in line 5, to omit "Deputy Ombudsman" and to substitute "Deputy Ombud". 18. On page 4, in line 5, to omit "Ombudsman" and to substitute "Ombud".

5 CLAUSE 7 1. On page 4, in line 8, to omit "Ombudsman" and to substitute "Ombud". 2. On page 4, in line 11, to omit "civil" and to substitute "civilian". 3. On page 4, in line 12, to omit "civil" and to substitute "civilian". 4. On page 4, from line 13, to omit paragraph (d). 5. On page 4, in line 16, to omit "Ombudsman" and to substitute "Ombud". 6. On page 4, in line 20, after "time", to insert, "as prescribed". 7. On page 4, after line 23, to insert the following: " (e) a matter has been referred for resolution through any other dispute resolution mechanism available.". CLAUSE 8 1. On page 4, in line 25, to omit "Ombudsman" and to substitute "Ombud". 2. On page 4, in line 28, to omit", Secretary for Defence and Chief of the Defence Force". 3. On page 4, in line 29, to omit "Ombudsman" and to substitute "Ornbud". 4. On page 4, in line 30, to omit "Ombudsman" and to substitute "Ombud". 5. On page 4, in line 31, to omit "interfere with the functioning of the Ombudsman" and to substitute "hinder or obstruct the Ombud or members of his or her staff in the performance of his or her or their functions.". 6. On page 4, in line 32, to omit "Ombudsman" and to substitute "Ombud". 7. On page 4, in line 33, to omit "Ombudsman" and to substitute "Ombud". 8. On page 4, in line 34, to omit "him or her" and to substitute "them". CLAUSE 9 1. On page 4, in line 38, to omit "Ombudsman" and to substitute "Ombud". 2. On page 4, in line 38, to omit",after consultation with the Minister," 3. On page 4, in line 41, to omit "Ombudsman" and to substitute "Ombud". 4. On page 4, in line 43, after "Ombudsman", to insert "Deputy Ombud". 5. On page 4, in line 43, to omit "Ombudsman" and to substitute "Ombud". CLAUSE 10 1. On page 4, from. line 51, to omit "Ombudsman" and to substitute "Ombud".

6 CLAUSE 11 1. On page 5, in line 2, to omit "Ombudsman" and to substitute "Ombud". 2. On page 5, in line 5, to omit "Ombudsman" and to substitute "Ombud". 3. On page 5, from line 7, to omit subclause 3 and to substitute the following: "(3) The Minister must table the report contemplated in subsection (1), in Parliament within one month of receiving such report from the Ombud.". CLAUSE 13 1. On page 5, in line 13, to omit "Ombudsman" and to substitute "Ombud". 2. On page 5, in line 15, to omit "Ombudsman and to substitute "Ombud". 3. On page 5, in line 18, after "his or her" to insert "or their". CLAUSE 14 1. On page 5, in line 17, to omit "Ombudsman" and to substitute "Ombud". 2. On page 5, in line 22, to omit" 12" and to substitute "24". CLAUSE 15 1. On page 5, in line 25, to omit "may" and to substitute "must". 2. On page 5, in line 25, to omit "Ombudsman" and to substitute "Ombud". CLAUSE 16 1. On page 5, in line 33, to omit "Ombudsman" and to substitute "Ombud".