Independent, impartial, important institution
The Office of the Military Ombud, the only entity of it’s kind in Africa, is determined to improve military services.
Five years ago the Office of the Military Ombud was established in a milestone endeavour to streamline military grievances and improve the service conditions of military personnel within the entire South African National Defence Force (SANDF).
The office achieved yet another important milestone on June 9 2017 at the Velamoré Hotel in Erasmia, when it swore in its first deputy military ombud, Advocate Rendani Marivate, who brings to the office vast knowledge and experience over her 20 years with the SANDF.
At a joint Mail & Guardian and Military Ombud swearing in session and panel discussion moderated by broadcast journalist and media personality Tim Modise, a very excited Marivate told delegates in her acceptance speech that growing up she always wanted to be different and stand out from other girls.
“When we were discussing what we wanted to study post-matric, most of my peers wanted to do teaching and nursing. I was the only female who said I was going to study law and that I wanted to be the first person from my village to have legal qualifications.”
Marivate said that when she joined the navy, she did not realise she would go on to become its first female black officer, then the first female black director within the legal defence services and now the first deputy military ombud.
Marivate’s swearing in was witnessed by top military brass, members of the legal profession, dignitaries and the media. The keynote address was delivered by Judge Francis Legodi, who said to the first ombud of the military defence force, Lieutenant General (retired) Temba Matanzima, that it seemed like yesterday when he was sworn in.
“I did not know that by swearing you in five years ago would cause me to come back and swear in your deputy.
“I honour you for your vision. I have been reliably informed that in two years’ time, you will be exiting the system. If that is so, then the headhunting of a woman as your possible successor is a display of foresight and walking-the-talk about gender transformation.”
Turning his address to Marivate, Legodi stressed to her: “The oath you have just taken is not just a ceremonial event. It is an undertaking that you have made to those ordinary members of the Defence Force who will be lodging with your office complaints regarding conditions of their employment.
“As you navigate through these complaints, retain your groundedness and humbleness. That way, you will inspire confidence in those who are meant to be served by your office.”
Legodi then addressed his keynote topic. “I deliver this as an ordinary member of society. In this way, I can speak freely, without restraint attached to the oath of my office.
“An ombud or ombudsman is a person who investigates and attempts to resolve complaints and improper exercise of power, for example, between employer and an employee. I see this as being a calling for servanthood — a servant of the people and a person who is concerned about those who have less powers and resources to fight those in positions of authority and power.
“I also see an ombud as a mediator, which calls for even-handedness and a fair mindedness. It is a principle of justice-holding that the decisions or recommendations you make as ombuds should be based on objective criteria, rather than on the basis of bias, prejudice or preferring the benefit to one person over another for improper reasons.
“You may not be at the front desk, you may not be behind closed doors taking statements of complaints or assisting in the completion of the forms for such complaints, but the buck stops with you as ombud persons.
“You need to be able to inspire confidence in your organisation and one way of doing this is by being impartial and treating people as human beings and with respect. This makes you connect with them and attract them to look forward for your services — including those who work in your organisation.
“You need to operate with integrity, and I deliberately mention integrity, because I know no one who is independent and impartial in the execution of his or her duties. People without integrity are easily manipulated and corrupted and therefore cannot be impartial and independent.”
Raising a section of the Military Ombud Act, Legodi said that if the ombud upholds the complaint lodged by a member of the Defence Force, it must then recommend to the minister an appropriate relief for implementation, however, there is concern if the minister does not implement the recommended relief.
“Is the ombud and deputy ombud accountable to the president who appointed them, or to the minister to whom the military ombud is obliged to make recommendations when the ombud upholds complaints — and the minister may prescribe what other functions the ombud may perform?” continued Legodi.
“These legislative arrangements have the potential to obscure the