Zuma letters on SANDF show non-compliance with Constitution

Letters from President Jacob Zuma tabled in Parliament today clearly show how constitutional provisions were violated during three major deployments of the South African National Defence Force (SANDF) last year. 

In each of these cases, President Zuma's failure to inform Parliament about the details of deployments was the cause of constitutional non-compliance. 

The Democratic Alliance (DA) will today be writing to the Speaker of the National Assembly, Max Sisulu, demanding that he take action against President Jacob Zuma for this repeated failure to respect Parliament's standing in relation to defence force deployments.

Section 201(3) of the Constitution requires that Parliament be informed "promptly and in appropriate detail" by the President whenever the defence force is deployed.  And Section 201(4) of the Constitution requires that an appropriate oversight committee be informed if Parliament does not sit during the first seven days after the defence force is deployed.

The three instances of non-compliance are:

1. Festive season employment of the SANDF in co-operation with the South African Police Service (SAPS).

Period of employment: 1 November 2011 - 1 January 2012

The letter from the Presidency to the Speaker was dated 15 December 2011, a month and a half after the commencement of the employment.

2. COP17 employment of the SANDF service in co-operation with the SAPS

Period of employment: 21 November - 11 December 2011 

The letter from the Presidency to the Speaker was dated 15 December 2011, almost a month after the commencement of the employment.

3. Employment of the SANDF for service in fulfilment of the international obligations of the Republic of South Africa towards the Democratic Republic of the Congo

Period of employment: 23 November - 7 December 2011 

The letter from the Presidency to the Speaker was dated 12 December 2011, three weeks after the commencement of the employment and 5 days after it expired.

The President also failed to comply with the Defence Act of 2002 in that he did not, as prescribed in section 18(4) of that Act, provide any information as to expenditure incurred or expected to be incurred by the employment of the SANDF.

This is not the first time the President has failed to account to Parliament on such military matters. 

Moreover, the letters show that Ndivhuwo Mabaya, spokesperson for the ministry of defence, had no idea what he was talking about when he reportedly claimed last week that the festive season deployment of the defence force was authorised by a presidential proclamation made in 2001 or 2002.

As the custodian of Parliament, it is the Speaker's duty to take up this issue with the President. President Jacob Zuma should comply with the Constitution, and not disregard it.

Statement issued by David Maynier MP, DA Shadow Minister of Defence and Military Veterans, January 23 2012

Click here to sign up to receive our free daily headline email newsletter