9th Annual Medal Parade and Awards Evening advanced the 16 paces towards the podium. Clouds of dust arose as the vehicles came to an abrupt halt. So much for keeping uniforms clean!

The Gala Evening was a splen-

did affair, with trophies and cer-tificates being presented to the winners of the various catego-ries. Both the Legal Support Division and Legsato Cape Town were repeat winners of their cate-gories. The food and music were both excellent, with the talented Sweet and Gentle Trio providing appropriate smooth background sounds.

September 2008 Volume 4 Issue 4

Information Bulletin Defence Legal Services Division

Special points of interest:

• 9th Annual Medal Parade and Awards Evening

• Chief’s Chat — CDLS’s message to the Division

• Visit of Vietnamese Legal Officers

• AG’s visit to Angola

Batho Pele 2

Chief’s Chat 2

Vietnamese Legal Officers Visit DLSD

2

Military Prosecutions Work Session

3

To SAQA or not to SAQA? The School for Military Justice

3

Photos of Medal Pa-rade and Awards Evening

4 5

Legal Laughs 6

The City of Roses ‘rose’ to the occasion on 3 September, when Legsato Bloemfontein played host to the Division’s 9th anniversary celebrations. The annual medal parade was held at the School of Armour parade ground in the morning, and the prestigious Ilanga Estate was the venue for the Awards Evening.

Wednesday dawned bright and clear, and participants and specta-tors were greeted by a display of armoured vehicles ranging in size from the Eland 90, affectionately known as the “Noddy Car”, to the latest versions of the Olifant tank and the Ratel APC. The Guard of Honour from 1 Special Services Battalion first conducted a flag hoisting ceremony, after which the Adjutant General, Maj Gen Bailey Mmono, presented medals, badges and certificates to 34 members of the Division.

Col Thipe Matshila, OIC of Legsato Cape Town received the iProthiya ye Brhonzi, the medal for military merit, the first time this medal has been presented to a member of the Division.

The parade concluded with an impressive “advance in review order” in which the Guard of Hon-our was joined by two Olifant tanks and two Ratel APCs as they

Military Defence Counsel Directorate

The Military Defence Counsel Directorate, headed by Brig Gen J.L. Larney, has the responsibility of providing a professional effec-tive and legitimate Military Defence Counsel service within the DOD wherever required. This is done by the implementation of the Mili-tary Defence Counsel policy and by ensuring optimum availability of Military Defence Counsel.

A high level of service is rendered to all military personnel requiring such assistance in military courts and during investigations.

This directorate also oversees the detaining of suspects and convicts in military detention facilities.

The directorate comprises the Director, an SSO, Col Jaco Combrink, a secretary at the DLSD HO, Mrs Debbie Moodley and approximately 25 Defence Counsel at the various Legsatos.

Article by Col Jaco Combrink Brig Gen Larney

Recipients of trophies were the following:

• Best Directorate - DLSS

• Best Legsato - Cape Town

• Best Regular Force MLP - Capt M.M. van den Berg

• Best Support Member - Lt I.M. Mooi

• Best NCO - SSgt A.F. Rade-meyer

• Best PSAP - Mr E. Ridgard

More photos of both events appear on pages 4 and 5.

What is Batho Pele? It is the name given to the Government’s initiative to im-prove the delivery of public services. It means People First in the Sotho lan-guage group. The name was chosen to emphasize that it is first and foremost the duty of the Public Service (including the SANDF) to serve all the citizens of South Africa.

The Constitution, among other things, has as one of its priorities the transfor-mation of SERVICE DELIVERY in the Public Service (including the SANDF) as service delivery should always be of the highest standard.

Chief’s Chat

Page 2 Information Bulletin

Vietnamese Legal Officers Visit DLSD

Maj Gen Tran Van Do, Chief Judge of the Vietnam Central Military Court (VCMC), in June 2008, expressed inter-est via the SA Defence Attaché in Viet-nam Hanoi, Col S.A. Shezi, that he and a delegation of five members from the Vietnam Central Military Court would like to visit his South African counter-part as part of a military to military co-operation delegation and would like to attend a Military Court in session.

Maj Gen Bailey Mmono, the host, ap-pointed Brig Gen Gert Slabbert and Col Beukes Scribante as accompanying offi-cers. An informal presentation on the South African military justice system was

made to the VCMC delegation on 19 August 2008. Questions were asked and discussion took place. The Adjutant General and most of the DLSD directors attended the presentation and actively took part in discussions. Questions were also posed to the VCMC delegation regarding their mili-tary legal system.

On 20 August the VCMC delegation visited Legsato Thaba Tshwane where the GOiC made a presentation on the responsibilities and functions of the Legsato. The delega-tion also attended a military court in session at Thaba Tshwane.

The Vietnamese delegation comprised Maj Gen Tran Van Do (VCMC Tribunal Presi-dent), Snr Cols Duong Dai Nghia (VCMC Deputy Tribunal President), Nguyen Van Ky

(Presiding Judge – Military Regional Com-mand No.4), Nguyen Duc Mai (Head of Superior Jurisdiction Court 1 VCMC), Nguyen Mai Bo (Judge of the Central Military Tribunal) and Lt Do Thanh Tung (Interpreter). They were very impressed with the way we do things in the DLSD and extended compliments on our hospi-tality and effort put into the programme. They also indicated that they had a very fruitful and informative visit and that their expectations were more than met.

Article by Col Beukes Scribante

The South African and Vietnamese delegations.

Issues of mutual interest are discussed.

Maj Gen Tran and Maj Gen Mmono exchange gifts

Batho Pele

forces in particular. It should be remem-bered that we are all representatives of our organisation, both during or outside working hours. The eyes of the public are on us at all times, and ill discipline on our part has a negative effect on perceptions of the DOD as a whole. The Legal Services Division is the custodian of the law in the department and as such should be shining examples to others on how to behave. I extend my gratitude and appreciation to those who continue to be well disciplined and law abiding. We however have amongst us elements

Principles of Batho Pele

Consultation Service Standards

Access Courtesy

Information Openness/Transparency

Redress Value for Money

of those who allow their own self-interest to override what is right and proper. Such deviations should not be tolerated and should be dealt with swiftly and prosecuted to the full extent of the law., I expect all members of this Division to maintain discipline at all times. This requires hard work and dedication, which some display constantly, but which others should work on to emulate their more admirable peers. I encourage you all to become the best that you can be, for the benefit of the Division, the DOD and our country.

There has been a disturbing increase in incidences of poor discipline in the Defence family. Recent offences in this regard have ranged from minor infractions to blatant disregard for the level of discipline expected in the Defence community as a whole and the armed

...become the best that you can be...

Military Prosecutions Work Session

Page 3 Volume 4 Issue 4

To SAQA or not to SAQA? The School for Military Justice

In 1993, Government introduced a new training system, known as the National Qualifications Framework (NQF). This framework set out to introduce a national standard for Education, Training and Development (ETD), introduced outcomes-based ETD (OBE – the ability to dem-onstrate a competence to do a job, rather than memorize and regurgitate vast volumes of theo-retical knowledge), introduced recognition of prior learning (RPL), and provides for quality assur-ance of learning programmes. In essence, the NQF strives to award learners nationally recog-nised qualifications.

To give effect to the NQF, the following new legislation was introduced:

Skills Development Act (Dept of Labour). This Act provides an institutional frame-work to devise and implement strategies to develop and improve the skills of the SA workforce. The whole process is managed by Sector Education and Training Authori-ties (SETAs). The DOD, and therefore the School for Military Justice (SMJ) belongs to the Safety and Security SETA (SASSETA), which groups together, amongst others, the DOD, SAPS and Dept of Justice.

SA Qualifications Authority Act (SAQA Act)(Dept of Education).

This Act regulates assessors and modera-tors of learning programmes, provides for ETD quality assurance, and sets ETD standards. It also provides for transferable learning credits between similar pro-grammes to allow for the accrual of the minimum credits required to be awarded a national certificate (120 credits), national diploma (240 credits), a B-degree (360 credits), etc. It also introduced the Skills

Development Levies Act, which civilian companies are obliged to pay. If the com-pany however spends a minimum of 1% of their payroll on their employee’s skills development, some of these monies are paid back to them.

SAQA is the institution overall responsible for skills development standards setting bmo Na-tional Standards Bodies (NSBs) and Standard Generating Bodies (SGBs). Quality Assurance is done by Education and Training Quality Assur-ance (ETQA) bodies. These act as quality of skills development watchdogs, and are linked to a SETA.

All training presented Training in the DOD, and thus at the SMJ, are regulated by Training DODIs promulgated in line with the statutory prescripts mentioned earlier. This implies that learning programmes are presented according to registered Unit Standards, further broken down into learning outcomes to be achieved. Unit Standards are generated under the control of a SGB (eg the SGB for Justice), and must be re-registered every three years. The “SAQA” ac-creditation process currently underway at the SMJ to accredited both the School as an ETD service provider, as well as the learning pro-grammes being presented, is thus not a once-off undertaking, but one running continuously in three-year cycles.

Learners at the School are furthermore not as-sessed as were commonplace a few years ago. For a start, to present credit-bearing training, all Law ETD Practitioners staffed at the SMJ must undergo prescribed ETD to qualify as presenters of ETD, designers of OBE programmes, as well as Assessors and Moderators of learning pro-grammes. Once completed, the ETDPs are then registered with the SASSETA who issues them

with a “license” to practice their craft.

The additional requirements set by this new training (and education) framework requires a considerable amount of additional time and effort as a result of SAQA/NQF statutory imperatives, a system that is inherently work, personnel and financially intensive. Within the SMJ ETD envi-ronment, it is no longer enough to merely set a test and a memorandum (“model answers”) based on a précis. In terms of the statutory ETD imperatives, it is now required that the following be done:

Drafting of outcomes and assessment criteria with the use of the correct taxonomy (which specifies the level of learning to be attained), before proper training in order to accomplish this has been conducted.

Re-formatting of précis into format-prescribed learner guides with the addition of many finer details for which the MLP who has been staffed as an ETDP at the SMJ must possess ad-vanced computer skills.

Creation of assessment guides, assessor guides, assessor learner agreements, minutes of meetings to be held with learners and vari-ous other documents.

Furthermore, a “test” is not as simple as giving the questions to the learner and marking the answers after the allocated time has elapsed. The following must now be catered for:

Learners must indicate in an interview that they are ready to be assessed.

Learners must apply to be assessed.

Continued on back page

The session addressed a number of topical agenda points such as measurement of the case backlog, prosecu-tion control measures applied during external operations, and the administration of military police dockets. In addi-tion, Col Mbangata formally handed over a year’s supply of the new standardised case file to each SPC during the work session. The new case file will promote uniformity of prosecution

control systems between Legsatos, which is necessary for auditing purposes and the smooth induction of personnel appointed or transferred into the prosecution environ-ment. As is required in any team exercise, how-ever, there should be a balance between work and socialization for purposes of informal team-building. Consequently, two social excursions were arranged in the course of the week by the host Legsato’s representative, Lt Col R.S. Nisbet. Both outings, one of which was the tour of a local

coffee plantation, were enjoyed by all concerned. When concluding the session, Col Mbangata thanked all the participants for their meaningful contributions to the proceedings. He conveyed to the team his belief that the exercise was the most successful of the four work sessions he has chaired since commencing his duties as A/D M Pros in January 2007. * Col Mbangata has subsequently been promoted to

Brigadier General and appointed as Director Military Prosecutions. See inset on page 5.

The Military Prosecutions Directorate conducted its annual work session at the Port Edward Holiday Resort over the period 11-15 August 2008. The *Acting Director of Military Prosecu-tions, Col Reuben Mbangata, chaired the ses-sion, which was attended by key members of his directorate and DLSD’s six senior prosecu-tion counsel (SPC). New faces attended the session were the recently appointed SPC Leg-sato Bloemfontein, Lt Col C.S. Mhlauli, and SPC for Operations, Lt Col M.J. Kleyn. Both were formally congratulated and welcomed as new members of the senior prosecution manage-ment cadre.

The group outside the venue

Lt Col Elijah Matlou receives his standardized case file copy from Col Mbangata

Article by Col John Yarrow

(continued from page 1) After the sport, members were treated to a delicious meal of worsbroodjies, salad and pap en sous. Believe me, our sportsmen and women were hungry and enjoyed it tremen-dously! The prizegiving (a knock-out combination of Easter eggs and champagne) followed where Legsato Thaba Tshwane produced the winning team in soccer. Head Office stepped out as the winners in the Boeresport and Volleyball. Col Soldaat thanked the co-ordinating team for their hard work in organising the sports day as well as all the members for their support. Maj Gen Mmono delivered his closing remarks by congratulating everyone and thanking each and everyone for their contribution. He em-phasized the importance of balance in life and that one should make best use of one’s oppor-tunities! On this note the pleasant sports day came to an end.

By Mariette van der Merwe

Page 4 Information Bulletin

Page 5 Page 5 Volume 4 Issue 4

At the Gala Evening the promotion of Col Reuben Mbangata to Brigadier General and his appointment as Director Military Prosecutions was announced. We extend our hearty congratulations to him

NEXT YEAR POLOKWANE!

Defence Legal Services Division

We’re on the Intranet! http://mls.mil.za:8080/

index.htm

and the web www.dlsdiv.mil.za

Defence Legal Services Division Private Bag X161 Pretoria 0001 0001

defence

Phone: 012 355 5239 Fax: 012 355 5372 Level 8: 810 5239

e-mail: dlsdiv@mil.za

Editor : Capt (SAN) Stan Slogrove

Integrity and Justice Defence Legal Services Division Private Bag X161 Pretoria 0001

defence

Design by Capt (SAN) Stan Slogrove

We’re on the Intranet! http://mls.mil.za:8080/

index.htm

and the web www.dlsdiv.mil.za

HEY, YOU! - YES YOU!! If you wish to keep seeing this bulletin, please consider submit-ting short articles and photos. It’s getting boring seeing only stuff about the “larnies” in Pretoria. Come on Cape Town, Bloem, Durbs, Polokwane. Let’s hear from you. - ed.

Following a distinguished legal career, a man arrived at the Gates of Heaven, accompanied by the Pope, who had the misfor-tune to expire on the same day. The Pope was greeted first by St. Peter, who escorted him to his quarters. The room was some-what shabby and small, similar to that found in a low grade mo-tel type establishment.

The lawyer was then taken to his room, which was a palatial suite including a private swimming pool, a garden, and a terrace overlooking the Gates. The attor-ney was somewhat taken aback, and told St. Peter, "I'm really quite surprised at these rooms, seeing as how the Pope was given such small accommoda-tions. "

St. Peter replied, "We have over a hundred Popes here, and we're really very bored with them. We've never had a lawyer."

Legal Laughs

To SAQA or not to SAQA? (continued from page 3)

A guy walks into a post office one day to see a middle-aged, balding man standing at the counter methodically placing "Love" stamps on bright pink envelopes with hearts all over them.

He then takes out a perfume bottle and starts spraying scent all over them. His curi-osity getting the better of him, he goes up to the bald-ing man and asks him what he is doing.

The man says "I’m sending out 1,000 Valentine cards

signed, ‘Guess who?’"

"But why?" asks the man.

"I’m a divorce lawyer."

A lawyer defending a man accused of burglary tried this creative defence:

"My client merely inserted his arm into the window and re-moved a few trifling articles. His arm is not himself, and I fail to see how you can punish the whole individual for an offence committed by his limb."

"Well put," the judge replied. "Using your logic, I sentence the defendant’s arm to one year’s imprisonment. He can accompany it or not, as he chooses."

The defendant smiled. With his lawyer’s assistance he de-tached his artificial limb, laid it on the bench, and walked out.

A host of issues must be dis-cussed and recorded with every learner before every summative assessment. In the case of the Military Law Course there are 22 assessments X an average of 35 learners X 10 minutes per interview = 128.3 hours re-quired only for interviews and meetings.

Individual feedback must be given to learners after every assessment.

While one (preferably two in accordance with current na-tional standards) ETDPs are facilitating in the classroom, the other facilitators become asses-sors and moderators, implying that they are not able to be used for any other purpose during that time. Course design and development, an ongoing process in accordance with SAQA prescripts, can thus only be done between courses, not to mention the presentation of a myriad of law lectures on the training programmes of the War College, SA Air force and Army

Colleges, and the SA Air Force Gymnasium.

Who then is responsible for this monumental task? Overall, the SMJ is an extension of the func-tions of the AG, under whose aus-pices DLSS and SSO Training at the HO ensure the necessary support to the SMJ. At the School, delivery of law ETD falls under the OiC, Lt Col Gysie Van Der Niet, who is ably assisted by Lt Col Chris Masete, Maj Oupa Mocumi, Maj André Smit (who will unfortunately leave the SANDF at the end of September), and Lt Eric Thamaga. Lt Col Heidi Hanekom was recently detached to AFB Langebaanweg with the relocation of her husband. Ensuring that all SAQA imperatives are adhered to is Lt Col Seipati Madingwane and Mr John Ribisi. All of these members are highly reliant on the excellent support rendered by FSgt Enya Mogagabe, SSgt Simon Thasana, LCpl Benja-min Shikwane and Ms Nora Chauke.

As recent visitors to the SMJ may have noticed, a project is currently

underway to renovate and upgrade the facilities. These include the installation of a LAN and Internet facilities, as well as the upgrading of classrooms and offices and the creation of proper law library facili-ties to assist in the meeting of all SAQA prescripts.

As is to be gathered, functioning at the SMJ is a highly dynamic and involved undertaking, yet one for which the rewards are great. As is often said, to teach is to change someone’s life forever. The re-sponsibilities resting on the shoul-ders of the staff at the SMJ is thus immense, and one that deserves the gratitude of those that have been fortunate to attend one or more of the learning programmes presented there. “Stet Fortuna Domus”- may the fortune of the house last long!

Article by Col André Retief