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Military Veterans Appeal Board

Legal Framework

The Constitution Section 33(1)(2) and (3) Just administrative action:

• 33.(1) Everyone has the right to administrative action that is lawful, reasonable and procedurally fair.
• (2) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.
• (3) National legislation must be enacted to give effect to these rights, and must-
  • (a)provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal;
  • (b) impose a duty on the state to give effect to the rights in subsections (1) and (2); and
  • (c) promote an efficient administration.

Military Veterans Act 18 of 2011

Promotion of administrative Justice Act 3 of 2000 (PAJA)

Establishment, appointment of the new board members

• New Appeal Board appointed with effect from 1 September 2023
• Four persons (two men and two women) appointed on a part0time basis, namely
  • Ms Nomsa Dlamini (Chairperson)
  • Mr Prince Mafojane (Member)
  • Adv. Takalani Masevhe (Member)
  • Adv. P.J. Veldhuizen (Member)
• Combined skills of members include law, national secutiry and leadership
• One member is a military veteran

The Appeal Board is supported by the Secretariat

Powers and duties of the Appeal Board

• Section 20(1)(a) of the Act — Appeal Board to consider any appeal lodged with it by a military veteran against any decision taken by any official which adversely affects the rights of that military veteran.
• The Board's decision is by a majority of its members
• Conform to all applicable law, in particular the Constitution, PAJA, case law and the Act
• Summon any person who, in its opinion, may be able to give information for the purposes of the appeal
• There are 11 benefits statutorily regulated from which the Military Veterans are entitled to benefit. The database registration is regulated in terms of section 1(a)(b) and (c) of the Act.

Operations of the Appeal Board