The Department of Military Veterans

The Department of Military Veterans welcomes the court order to struck off the roll the application to set aside the DMV conference

16 October 2013

The DMV has welcomed the court order issued by Justice Spilg in the North Gauteng High Court-Pretoria the application to set aside the Military Veterans conference by three organisations purporting to represent military veterans.

The APLAMVA, MKLWMVU and SADFMVA had jointly applied to set aside the conference that was convened by the DMV in consultation with various military organisations which was held on the 29th September to 02nd October 2013 at Birchwood Conference Centre to establish an Umbrella Body for military veterans’ organisations.

“We as the DMV welcome this court order, we believe it will go a long way in helping military veterans formations to streamline their organisation processes that will enable them to work effectively and efficiently with the DMV” said the Director General Mr Tsepe Motumi.

The court order has ruled that

“The Azanian People Liberation Army Military Veterans Association (APLAMVA) is joined in these proceedings as an Intervening Party.
The applicants, if they so wish, shall submit applications to the Minister of Defence and Military Veterans, at the offices of the Department of Military Veterans within three (3) months after the issuing of the guidelines which are referred to in paragraph five hereof.

Once the Department of Military Veterans is satisfied that an applicant has satisfied the requirements for recognition by the Minister as set out herein below, the Department shall make a recommendation to the Minister that the military veterans’ organisation concerned be recognized by the Minister as a military veteran’s organisation contemplated in Act 18 of 2011.

An organisation that wishes to be recognized as a military veterans organisation shall comply with the following minimum requirements, compliance with which shall not preclude the Minister from taking any other reasonable factor into consideration:
1. a constitution that was adopted at a gathering that was convened for the purpose of adopting the constitution which was attended by a substantial number of bona fide military veterans that solely belonged to the same military organisation;
2. proof that the applicant concerned is a Non-Profit Organisation;
3. proof that it has clearly identifiable leadership;
4. its leadership was elected at a gathering that was called for the purpose of electing such leadership, whether or not electing leadership was the sole purpose of the meeting;
5. the gathering at which such leadership was elected was attended by a substantial number of former members of the military organisation to which they previously belonged;
6. proof that it is not a mercenary organisation, a terrorist organisation, or an organisation which has been established for the purpose of advocating an objective which is prohibited by domestic or international law by military means;
7. it embraces the values which are enshrined in the Constitution of the Republic of South Africa;
8. it has a substantial number of members who are bona fide military veterans who have formally and expressly denounced their membership of their previous military organisation.
9. The first respondent shall issue guidelines for what constitutes substantial membership after consulting with all known military veterans organisations, including the applicants within six (6) months of date hereof.
10. The first Applicant shall not seek recognition without first regularizing its identity and standing.
11. The application is removed from the roll”

“The DMV will move speedily to finalise the guidelines within six months that will stipulate the process towards recognition of military veterans formations that seek to represent military veterans, in that process the DMV working in line with Section 7 of the Military Veterans Act 18 of 2011 will consult with all military veterans formations to finalise the guidelines” further said the DG.

Section 7 of Military Veterans Act 18 of 2011, stipulates that: A military veterans organisations is not obliged to the join the association but it may engage the Minister or other persons or structures established or referred to in this Act, provided such organisation is recognised by the Minister as a non-governmental organisation or association established in respect of military veterans that lawfully represents the interests of military veterans