Normative Professional Standards and the Development of a Professional Military Ethic in the South African National Defence Force

By Nick Sendall
Major, SANDF communications Service

Published in African Security Review Vol 4 No 4, 1995


THE CREATION OF A SINGLE NATIONAL DEFENCE FORCE

In 27 April 1994 the new South African National Defence Force (SANDF) came into being as contemplated in the Interim Constitution. This event was described as follows: "The SANDF will come into being at midnight on 26/27 April 1994, when the forces from which it is comprised will cease to exist in their own right. This means that the members of the SADF, the TBVC Defence Forces and MK, will from the said date automatically become members of the new SANDF."2 The decision was based on bilateral and multilateral discussions, initially held outside South Africa and later at various locations in the country. In total, "no fewer than 17 separate meetings took place during 1993, [and] the basis for negotiations with other armed forces on a future national defence force were, the retention of military standards and that the nature and character of the force will be apolitical [non-partisan]."3

Substantive negotiations were undertaken "in terms of the Transitional Executive Council (TEC) Act, (when) a Subcouncil on Defence (SCD) was established to assist the TEC with its primary objective to promote the preparation for and transition to a democratic order in South Africa. The SCD will be assisted and advised by a Joint Military Co-ordinating Council (JMCC)."4 The JMCC was tasked to create the background for the creation of the SANDF and "bilateral and multilateral discussions took place over the process of integrating participating armed forces into a new national defence force ... The SCD has been established to research into and supervise all planning, preparation and training for a future defence force."5 The JMCC and its work groups formulated negotiated agreements that were ratified by the SCD and the TEC. It was specifically charged to "formulate a defence strategy and plan for the post-election integration and rationalisation of the various military forces involved, into one single Defence Force."6

Each constituent force had to submit a Certified Personnel Register (CPR), as "the new Constitution states that each member whose name appeared on one of the integrating forces Certified Personnel Register (CPR) which was submitted by 26 April 1994, automatically became a member of the SANDF with effect from 27 April 1994".7

The following two broad categories of forces constituted the integrating forces:
  • Statutory forces, in other words, "any defence force of any Government in South Africa as constituted in 1910, established by or under any law"8, as such the South African Defence Force (85 000 full-time members plus its part-time force members), the Transkei, Bophuthatswana, Venda and Ciskei Defence Forces (11 000 members).

  • Non-statutory forces, thus "any armed force not established by or under any law and which is under the authority and control of, or associated with and promotes the objectives of, a participant in the Council (TEC)"9, namely Umkhonto We Sizwe (MK) (28 000 members) and the Azanian Peoples’ Liberation Army (APLA) (6000 members).

NON-STATUTORY FORCES (MK AND APLA)

The non-statutory forces had to report to two assembly areas, one outside Pretoria and one outside Bloemfontein, over a three year period. Members were evaluated to establish educational and skills levels, after which they appeared before a Placement Board, consisting of former SADF, APLA and MK members, as well as a member of the British Military Advisory and Training Team for South Africa (BMATT) who acted as facilitator in cases where opinions differed. The Board made an employment offer, that included the rank, pay and mustering for the specific person, and also determined the training courses s/he should attend. On accepting the offer, uniforms were issued and members were sent to bridging training, for a period of between one and four years.

TBVC DEFENCE FORCES

Planning for the integration of the former Transkei, Bophuthatswana, Venda and Ciskei (TBVC) Defence Force into the SANDF started early in January 1994 as part of the proceedings of the JMCC. The actual integration process began on 27 April 1994, and the Chief of the Army placed these armies under command of the appropriate Territorial Commands. They are responsible to the Chief of the SA Army for tasking and deployment via the respective Army Territorial Commands.

THE SOUTH AFRICAN DEFENCE FORCE

The South African Defence Force (SADF) was the largest single component of the new SANDF. It had a tradition of soldiering based on British methodology and shaped by the particular nature of South African history. It was "[a] defence force built up by and from white people over generations of white rule of what it sees as a white country, and does not lightly redefine its identity."10 The SADF with its four service arms (Army, Air Force, Navy and Medical Service) formed the basis of the new SANDF due to its existing infrastructure, equipment, systems and procedures common to a conventional military.

REQUIREMENTS OF THE INTERIM CONSTITUTION AND THE RECONSTRUCTION AND DEVELOPMENT PROGRAMME

Finer11 defines a country’s military force as the "custodian of the country’s instruments of violence and ha[ving] a monopoly of arms". The SANDF thus has to manage South Africa’s state weapons and its capacity for organised violence. Effective management not only refers to the technical ability to use and utilise arms, but also relates to the moral, ethical and administrative components. As such, the demand for accountable and responsible governance rests more heavily on the SANDF, than on any other state department. The Interim Constitution provides a new paradigm for the defence of sovereignty and democratic order. The management of South Africa’s capacity for organised violence is motivated by the need for a stable environment in which reconstruction and development can take place.

At the JMCC and the SCD discussions, the profile of the SANDF was defined, and subsequently included in the Interim Constitution. In this regard, the draft White Paper on National Defence (April 1995) states the following:

"The Constitution further creates a vision on the type and quality of defence force foreseen by the people. It says:
  1. 'the SANDF should be ... balanced, modern and technologically advanced...
  2. the members of the SANDF ... shall be properly trained in order to comply with international standards of competency...
  3. not breach international customary law binding on the Republic relating to aggression;
  4. in armed conflict comply with its obligations under international customary law and treaties binding on the Republic;
  5. be primarily defensive in the exercise or performance of its powers and functions’."12
The unofficial draft Green Paper on Defence Policy13, upon which the draft White Paper has been based, sees the relationship between defence/security and development in the following way: "The RDP integrates the organs of government in a concerted drive to bring about renewal, peace, prosperity, reconciliation and stability ... The RDP is an integrated and coherent strategy involving reconstruction and development on the one hand and growth on the other ... Transformation involving reconstruction inherently destabilises political, economic and social systems ... The resultant instability of these systems at various levels leads to unpredictability and all too frequently real and potential conflict situations." Stability in South Africa and sub-equatorial Africa is vital for regional development and growth, which in turn are vital in containing violence and threats to constitutional stability.

Towards this end, Section 227(1)(f) of the Interim Constitution states that the SANDF may be employed "for service in support of any department of state for the purpose of socio-economic upliftment". The nation demands that the SANDF creates a stable and secure environment and actively contributes to the Reconstruction and Development Programme (RDP), amongst others, through a Service Corps. The SANDF will "undoubtedly play a major role in the building of a new democratic South Africa inter alia by active involvement in the Reconstruction and Development Programme. The SANDF will provide training for those volunteers who do not enter into an agreement with the SANDF as soldiers, as well as other rationalised personnel who wish to acquire vocational training. For this purpose the Service Brigade has been established."14

On 31 January 1995, the Minister of Defence stated at the launch of the Service Corps that "[t]he ending of conflict in South Africa meant an end for the need for so many soldiers. It is not easy to return to civilian life. The Service Corps provides an opportunity for men and women leaving military life to gain vocational life skills."15

During the negotiation process, the core force design criteria for the SANDF were identified as three-fold:
  • The retention of military standards.
  • The nature and character of the force will be apolitical (non-partisan).
  • The force must retain a full-time and part-time component (in order that the desired force design and cost effective nature of the SANDF can be attained)."16
Section 226 of the Interim Constitution demands that the SANDF is established and trained according to international standards, requiring a high level of competency. The concept ‘standards’ has two dimensions, namely military technical standards and military normative standards.

The degree of technological development and the environment within which soldiers function, form the basis of modern international standards and norms. According to Ya’ari17 "[t]he new military environment has four basic elements at work: (a) the multi-dimensional battlefield (b) the dramatic increase in weapons sophistication (c) the unprecedented burden of responsibility on the ranks (d) The maturing sense of an individual’s rights in the armed forces of democracy ... [O]perating modern warfare systems demands the highest order of skills, expertise and knowledge."

Military technical standards and training are by definition procedural and prescriptive, but undoubtedly essential in an aircraft cockpit or at the command centre of a submarine, where the violation of procedures can be fatal. Base-line standards should not only be appropriate to training and operational conditions, but also to issues of promotion. An individual who is presented for promotion must be basically competent and trained before being considered for the responsibility of the next level of command.

In order to supervise integration and to aid the establishment of internationally acceptable norms, an agreement was reached between South Africa and the United Kingdom for the provision of an expert military advisory and training team (BMATT SA), to assist South Africa in the transformation of its Defence Force. The role of BMATT SA was to validate the standards and criteria agreed to by the working groups of the JMCC, assist with the initial assessment of personnel integrating into the SANDF, the selection for training courses, the content of these courses and the criteria for student assessment. Although the BMATT validation of SANDF training and competencies addressed military technical standards, normative military standards have so far been largely neglected.

PROFESSIONAL MILITARY ETHICS BASED ON NORMATIVE STANDARDS

EROSION OF MILITARY PROFESSIONAL ETHICS

Internationally, militaries are increasingly staffed with employees who perceive it as ‘just another job’. As a result, the differentiation between the military and the civilian labour force is becoming indistinct. There are those who, due to international social change, perceive the military as losing its uniqueness and displaying characteristics common to civilian organisations.

Heinecken sees military service as being increasingly similar to employment in the civilian labour force, and states that "a distinction must be made as to whether employment in the military is considered a calling or a job. Should military service be considered by those serving in the armed forces and by society as a calling, the likelihood that it will keep its institutional uniqueness is likely to remain. However, should military service be considered a job or occupation like any other, the influence of social forces will be enhanced".18 This dilemma has not been resolved in the SANDF, and is enhanced by increasing social and vocational mobility in South African society in the post-liberation period.

The fraternal nature of military employment and the traditional focus on regimental Esprit de Corps are waning, due partly to changing roles in defence and the correlation between activities in the military and professions in civilian society. Many of the occupations found in modern militaries are not only also found in civilian organisations, but are often based on these civilian occupations. In fact, innovation and development are taking place at a more rapid rate in the civilian sector than in the military. Thus, the two sectors compete for the same labour resources.

Modern, technologically advanced militaries depend on the skills of artisans, medical and legal professionals, auditors and chartered accountants, journalists, computer experts and a host of other non-military experts who are essential to the maintenance of an advanced force. Janowitz addresses this trend when he states that "those who see the military profession as a calling or a unique profession are outnumbered by a far greater concentration of individuals for whom the military is just another job".19

Heinecken20 indicates that non-combat personnel are more inclined to adopt practises associated with their counterparts in the civilian labour force due to the similarities in the nature of their work, while a greater sense of cohesiveness and brotherhood amongst combat forces (who perform specific military tasks) is consequential in the combat elements adopting greater commitment towards duty, service and military traditions.

The SANDF must inculcate and foster a professional military ethic that is founded on professional, western military values. If the essence of military service is questioned by social trends and changes in society’s expectations of the military, then the SANDF must actively seek to foster and maintain its unique culture and image based on a professional military ethic.

THE LINKAGE BETWEEN ETHICS, MORALS AND VALUES

Smith explains that a study of the relationship between ethics, values and moral behaviour, reveals two basic concepts: "The first deals with a fact of man’s experience; he can distinguish right from wrong. Secondly, he has a feeling, an awareness, for what he ‘ought’ to do. This second concept, is derived from the first - man can intuitively assign a hierarchy of value to each ‘ought’. He can then seek out the moral oughts from all other values. It is this concept of rightness and wrongness in an act and man’s ability to distinguish between the way things ought to be, as opposed to the way they actually are, that give ethics and the process of valuing their applicability ... there is a linkage between conscience, authority and basic values."21

Key to this is the concept of free choice and man’s ability to reason. That which is perceived to be correct is perceived freely, and judgement and reason are applied in making choices. Values always imply choice, with man deliberating on whether to perform an act or not. This linking defines the relationship between ethics, morals and values. Man can voluntary assume an obligation to do what he perceives is right and can avoid doing that which he perceives as wrong. Thus moral behaviour is the observance of that particular ‘ought’. Ethics is a higher order, common pattern of morals that form an ethical consciousness, similar to the ethical code that a medical practitioner observes.

Gabriel extends this description when he says that this collection of ‘oughts’ is linked to one’s position in society: "Military ethics is the observance of those moral obligations (‘oughts’) and precepts that are appropriate to a person’s role within the military profession."22 Yet, the acceptance of these obligations does not negate the values that a person has internalised as part of the socialisation process in the wider society. In fact, these values are used as a basis for assaying the obligations of this new role in society. Smith underscores this point by saying that "[a] man may adopt a moral code, as a result of his role in society, that must subordinate itself to a higher ethic when these roles come into conflict. It is the relationship between this higher ethic and the values tied to his specific role in society that guides man’s moral behaviour ... when a man joins a special social order ... he voluntarily adopts the unique obligations of his new social order. He does so while still owing allegiance to a higher set of values. Validation of his new social order is now determined by how closely it emulates, or has internalised, these higher values ... we must recognise a soldier’s allegiance to a more noble purpose - preservation of the dignity of man."23

EDUCATION, TRAINING AND THE DEVELOPMENT OF A PROFESSIONAL MILITARY ETHIC

The SANDF spends a great deal of time, effort and resources on skill specific and procedural training as an ongoing process, linked to advancement and promotion. The objective of training is to teach a specific skill to enable a person to perform a task efficiently. The method normally used is repetition. For the more advanced skills, a higher level of mental activity is required, but it is still primarily centred on the specific skill to be taught. Education, on the other hand, is aimed at providing intellectual, moral and social tuition and guidance as part of a formal process that leads to the development of character and mental ability. Both education and training have a vital role to play in the efficiency and effectiveness of the SANDF. It is, however, in the realm of education that military professionalism has its domain.

Military professionalism revolves around non-tangible, higher values that cannot be interpreted in ‘black and white’. These values are fostered in discussion and debate and are based on the subjective understanding of concepts that are essentially conceptual in nature. The propagation of a military professional ethic, and the values on which this ethic is based, is seated in the realm of education. It is clearly based on providing the soldier and the officer with sustained intellectual, moral and social tuition and guidance to develop character, judgement and mental ability.

TESTING THE MILITARY’S CLAIM TO PROFESSIONALISM

Williams24 draws on socio-ethical similarities between the military and professional bodies, and contends that the development of a military ethic will protect the citizenry from a potential abuse of power, will define the parameters of service, will delineate moral authority and will justify the existence of the profession in question. For a vocation to be regarded as a profession, there must be an element that distinguishes it from the rest of society, such as advanced learning or scarcity of skills or resources. A key element is that it must add value to society, as opposed to business that is aimed at individual gain and profit making. The key characteristics that define an organisation as a profession need to be identified. Sociologists, organisational scientists and industrial psychologists differ on many terms. However, certain commonalities amongst professions can be extrapolated.
  • An overarching body is set up to control, administer and monitor the functioning of the profession. Members of the profession must belong to this body and ascribe to its rules, regulations, policies, ethics, values and standard procedures. It can either be constituted through the mandate of the professionals or by an Act of Parliament.

  • Entrance criteria are clearly defined and stipulate the requirements for membership. Higher education is often one of the criteria. Chalofsky states that there is a basis, both of academic knowledge and of professional practice, that applies to professions, and that "it establishes its foundation in terms of a unique body of knowledge ... [and] the state of study has a significant impact on the growth of the profession."25

  • Allegiance is demanded of the individual and an oath is normally taken upon entry.

  • Members ascribe to a defined set of values applicable to the profession that are normally formalised in a charter, a statement of values or an oath of allegiance. "[T]he adopted code of the professional man helps shape his moral character."26

  • Control is exercised over the membership via disciplinary procedures and the profession has the ability to discipline and sanction (either through own mechanisms or de facto through an Act of Parliament).

  • There is normally an inherent status in gaining membership that is conferred on the profession by society.

  • There is normally a history of tradition and custom.

  • The profession adds value to society by means of its activities.

  • Due to the exclusive nature of the profession and the power that it can have over society, there is prescribed recourse by which the individual can address the misuse of such power.

  • There is normally a legal basis to the profession, in that it is either recognised and constituted by an Act of Parliament, or a higher authority such as the Constitution.
It can be argued that the military meets most of these criteria and can therefore be considered a profession. Conversely, what sets the military and other ‘lesser professions’ apart from professions such as medicine, is the motive of profit. Most of the ‘noble professions’ display a dichotomy between service to society and profits. The military is not a profit oriented organisation and must only perform a responsible reconciliation of state moneys entrusted to it against certain specific objectives. Nor does it have the potential for profit, as it does not have a money generating capability. What is inescapable, however, is the link between a profession and society, since society provides the profession with the mandate to exist for the benefit of society.

MILITARY PROFESSIONALISM AND ITS VALUE SYSTEM

Military professionalism has a key set of values, which cannot be divorced from those of the broader society. Military ethics and norms must reflect the norms and values of society. In South Africa, the prevailing social norms and values are typical of an emergent democracy. In a democracy, there must be a balance between the constitutionally guaranteed rights and duties of a free citizen, and the obligations and restrictions placed on a person in uniform. The Constitution stipulates constraints in the employment of the SANDF, prescribes military posture and dictates that war must be conducted in accordance with international norms and values. However, there are also limits to the coincidence of broader social values and those of the military. There will always be, to some degree, a tension between the two, mostly attributable to the conservative nature of military culture and the perceived ‘threat’ of a profession that bears arms.

General Maxwell Taylor (US Army) once said that an Army is very much like a religious order. Gabriel and Savage explained this in terms of the ‘price’ or ‘cost’ of belonging to a military organisation, using the analogy of a religious order: "What they have in common is that both have established a ‘price of belonging’ and have evolved a set of behavioral guidelines on how that price is to be paid. To speak of the ‘price of belonging’ is to suggest that there is a common code of ethics agreed upon and observed to such an extent that (the soldier’s) definition of who he truly is, is defined in terms of one’s ability to observe the code... one is sustained within the community by strict fidelity to such values."27

This common Code of Ethics highlights the following values:

Courage and the preservation of human dignity

Courage is held to be the most important underlying trait of a soldier. Recognition of courage is formalised in medals and decorations conferred on those who commit deeds of bravery, even more so if such bravery was selflessly exercised in support of comrades.

Based on the chivalric traditions that permeate a military, by nature a conservative institution, is the preservation of the dignity of other human beings. The soldier is the protector of human dignity (Miles Protector). Moreover, the changing dynamics of international relations are expanding this concept. Mertz comments as follows: "The dramatic increase of UN controlled peacekeeping and peace enforcement operations since the end of the Cold War indicates a fundamental change in the image of the soldier and the nature of military service. The role of the soldier in protecting human dignity is no longer an isolated national mission, but a request of the international community."28

Respect for the Rule of Law

During this century in particular, a range of agreements and treaties have been signed and ratified to regulate conduct in times of war. A soldier is subject to his own national and military law and to the conventions and international customary law binding on him. The British Army Manual teaches that "Irrespective of the capacity within which troops are deployed, they must always act within the law. If the conflict is international, the international law / rules of engagement must be observed. If the operation falls short of international armed conflict then the national internal law of the state must be followed together with any provisions of the international law."29 South Africa’s own Constitution is explicit on the primacy of international law during times of peace and war.30

Obedience and discipline

Obedience is a fundamental requirement, as well as a legal duty. Orders must be executed to the best of one’s abilities, completely, conscientiously and immediately. Discipline is the cornerstone of operational efficiency. A unit cannot enter the field without the cohesion that discipline brings. Discipline is fundamental to success in the military environment and is one of the aspects that sets the military apart from most other organisations. Section 226 of the Constitution states that "[a] member of the National Defence Force shall be obliged to comply with all lawful orders, but shall be entitled to refuse to execute an order if the execution of such an order would constitute an offence or would breach international law on armed conflict binding on the Republic."31

The primacy of the political system and upholding the Constitution and democracy

In the mind of the military professional there must be a clear distinction between the political sphere of policy decision making and the military professional task. By respecting the primacy of the political system and separating himself from politics, the soldier is able to reduce the inherent tensions between the military and civil society. The military professional attitude of the officer implies that the officer will only use his skills for purposes that are acceptable to society and, as Huntington says, "the officer clearly does not act from economic incentives ... his motivations are a technical love for his craft and the sense to utilise this craft for the benefit of society. Discipline is important for the carrying out of military duties. It is the key to effective and efficient combat."32

Loyalty, sacrifice and duty

Inherent in military service is loyalty. It should be expressed towards the Constitution and the principles of democracy, and not towards a particular individual, organisation or political party. It is visible in certain forms of conduct, such as faithful service, sense of duty, reliability, preparedness and respect for the law. Mertz underscores this point, stating that "Such loyalty should be centred towards the constitution rather than to any political group or political interest."33 Esprit de Corps can be functional or dysfunctional within this context. If loyalty to the Regiment, Corps or the military itself is fostered above loyalty to the Constitution, the potential will exist for abuse of the power vested in the military.

Gabriel and Savage highlight the difference between a career in the military and a career in an organisation in the private sector: "Military life ...... is unique in that it clearly levels upon the officer, or any other member for that matter, responsibilities which transcend his career or self interest. The problem has been the failure to realise this and to regard the military life as the same as working at any other occupation. This equation is false, misleading and ultimately dangerous, for it does not recognise that at some point an officer may be called upon to do his duty and ‘be faithful unto death’. Clearly, as long as attempts at reform in the military are aimed at changing operating procedures without addressing this critical fact which actually fuels the organisational machine, such attempts cannot succeed."34

STRATEGIC GAPS IN THE SANDF’S NORMATIVE PROFESSIONAL STANDARDS

FORMAL VALUE SYSTEMS

The SADF’s normative frame of reference was based on Christian values and identity, closely linked to the preamble of the previous Constitution. In addition, its moral identity was moulded on universal western concepts of behaviour expectation and influenced by the Geneva Convention. It was, however, never formalised into a formal code, but was inculcated through the SADF’s socialisation process. In addition, persons entering the SADF generally came from social environments where strict Calvinistic value systems were espoused.

The tradition of the political soldier differs, as pointed out by Williams: "Guerrilla armies that act as the armed wing of a revolutionary party or liberation movement derive their values from the normative framework of the party or movement in question. Although the relationship between guerrilla army and political movement is symbiotic, the extent to which a guerrilla army internalises these values depends on the normative code of the party/movement in question ... An important, informal, moral-cultural component of the ANC and MK’s moral identity was founded on the Southern African metaphysic of ‘ubuntu’. ‘Ubuntu’, in essence, can be defined as an ‘African humanism’ akin to the humanistic philosophy developed by the former Zambian president, Kenneth Kaunda."35

There is a dichotomy between the Christian/Calvinistic value system of the former SADF and the humanistic value system of MK and APLA. A new culture in the SANDF cannot be based on one of these value systems without alienating the other. It has to be based on professional values inherent in a democracy, while simultaneously giving cognisance to the contributing cultures.

INFORMAL VALUES

Williams identifies four informal value systems which pose a threat to normative professional standards in the SANDF:
  • "The praetorian tradition of the TBVC armies. The TBVC armies were impelled on the one hand, into military intervention as a result mostly of noble sentiments (due to rampant corruption and maladministration of the administrations they deposed). Yet they developed, classically, those very attributes most common to praetorian armies, nepotism, a lack of participative management and in most cases corruption on a wide scale.
  • The nascent praetorianism of the SADF. Whilst the bulk of the former SADF could be described as ‘constitutionalist’ in orientation, a nascent praetorianism did develop in certain reaches of the SADF as a result of its over exposure to counter-insurgency operations, its participation in the mechanisms of government and its political influence.
  • The partisan loyalties of MK. Whilst MK’s identity was founded on certain noble principles, it remained nevertheless a political army. Clearly a citizen-soldier has a right to vote for the political party of his/her choice. However, the merging of a party-political loyalty with a constitutionalist military identity is an impossible task to achieve.
  • ‘Careerism’ subordinates the moral and organisational values of an institution to the personal and pecuniary ambitions of the individual in question."36

AN OATH OF ALLEGIANCE, ETHICAL CODE AND A CODE OF CONDUCT FOR THE SANDF

It is important to distinguish between the different instruments that articulate military professionalism and to understand their application. Normally, a person takes an oath of allegiance upon entering a profession and is thereafter bound by a code of ethics or conduct. The military profession distinguishes between the officer corps and non-commissioned officers (NCOs). The officer corps takes an oath of allegiance upon entry and this oath is articulated in an ethical code. A code of conduct is on the other hand established as a concrete and descriptive normative code to which the NCO adheres.

THE OATH OF ALLEGIANCE AND THE PRIMACY OF THE CONSTITUTION

There are four primary allegiances, namely to the Constitution , to the law, to political superiors and to military commanders. Sir Michael Quinlan, former UK Secretary of Defence, describes the relationship between these allegiances as follows: "The soldier’s final master is the law, national and international, not his military commanders, nor even his political leadership. He owes powerful loyalties to these, but they are not the ultimate authority!"37

In many western democracies, the officer takes an oath of allegiance upon entering the officer corps. Mertz argues that "The democratic state must respect and protect the human dignity of the individual. This dictum should be preferably the first article of a constitution ... it is therefore only logic that in a democracy the soldier should pledge his first loyalty to the constitution rather than to a party or a person."38

Williams identifies two important characteristics of an oath of allegiance, namely a practical reference to the Constitution as the object of allegiance and, secondly, a reference to the professional manner in which duties should be discharged. According to him, an officer’s loyalty to the Constitution should be borne out of the following: "The President is constitutionally constituted as the Commander-in-Chief of the SANDF. As such only the President has the power to confer on Defence Force members all commissions and retains the authority to revoke such commissions [82,4 (a),(iii)]. Given the fact that the President is appointed according to the provisions of the Constitution, the armed forces owe a loyalty not only to the person of the Commander-in-Chief, but also to the Constitution according to which he/she is appointed andvalues upon which they are predicated."39

THE OFFICER’S ETHICAL CODE

The ethical code describes the manner in which the officer adheres to the norms that are contained in the oath of allegiance. Although more specific than the oath of allegiance, the ethical code only provides a framework on which judgements can be based. Most western democracies have an ethical code guiding the military. The acceptance of this code and the public affirmation of an oath of allegiance bind the officer to the specific institution. It establishes the ‘price of belonging’ to which Gabriel and Savage refer: "There is a need to establish the ‘price of belonging’ within military units ... to provide a code of behaviour and values which offer a set of prescriptive ethics for the officer if he is to keep faith with himself, his peers, his men and his profession ... [C]ohesion and ethical codes go hand in hand."40

The SANDF uses two documents that attempt to conceptualise an ethical code for officers, namely the Deed of Commission and the training manual used at military colleges entitled An Officer and A Gentleman. Both fall short of the requirements of an ethical code as the Deed of Commission is not comprehensive enough, nor does it focus on the Constitution as the highest authority, and the instruction manual prescribes etiquette and specific behaviour. A prescribed moral and ethical framework as articulated in an ethical code and based on the ethical norms of an oath of allegiance is clearly needed.

CODE OF CONDUCT

A code of conduct should express military professional values in concrete terms. It should be a detailed instrument that prescribes the required behaviour in each circumstance, seeking to modify the behaviour of the soldier according to accepted norms and seeks uniformity of response. It should be applicable in any area of deployment, and uses military, national and international law as a basis, while encapsulating rules of engagement and humanitarian law.

Then the SANDF was formed, the constituent forces became part of a single military institution. A variety of values, backgrounds and cultures have to be forged into a cohesive, operationally effective force. Malan points to the value of a Code of Conduct for the SANDF: "The most fundamental source of cleavage (in the military) is ethnic and cultural difference in plural societies ... and can be induced (or) exacerbated by difference in training and military socialisation amongst members of armed forces. Such splits are not necessarily the result of exposure and receptivity to different ideologies and political influences; solidarity groups may form simply on the basis of shared experiences in different environments. A similar potential for clique forming exists when armed forces from various backgrounds, in some cases former enemies, are banded together in the military of a new nation."41

Williams discusses requirements for future deployments, stipulating that "[t]he SANDF and the SA Army in particular, are likely to face a range of challenging operational roles in the future. The continued use of the Army in internal police supportive roles remains a sensitive and contentious arena. Personnel should, at all times, operate under a strict Code of Conduct. Similarly, the anticipated deployment of the SANDF in support of the country’s military obligations, is a potentially high risk deployment arena. Strict rules of engagement, a working knowledge of the provisions of international law and a moral and political sensitivity on behalf of deployed personnel are critical binding factors in this regard. Indeed, the Interim Constitution binds the armed forces to the provision of international law not only in relationship to external deployment, but also in relationship to domestic deployment."42

Thus, a Code of Conduct specifies behaviour patterns that encapsulate the military ethic and values in specific, descriptive and concrete terms. There is no one Code of Conduct that can be applied to all militaries. Rather, each military develops a code that is unique in itself, reflecting its environment and the demands of civil society.

STRATEGIES FOR SEEKING NORMATIVE MILITARY STANDARDS

SANDF RESEARCH

Civil society requires the SANDF to be transparent and able to conduct its activities in line with public demands. Conversely, if the SANDF wants to create its own future, it has to be involved in research and development on strategic issues. This would have to involve all Staff Divisions and look at strategic issues internal and external to the SANDF on a professional basis. It would supplement the research and debating already taking place outside at academic institutions (Universities of South Africa, Stellenbosch and Pretoria) and NGOs (IDASA, IDP), etc. A Centre for Defence Research should be established to focus on issues such as military standards and professionalism. Close liaison with similar bodies in Europe and America would contribute to professionalism.

INSTILLING A PROFESSIONAL ETHIC

A comprehensive education process must take place within every training unit and be reinforced in the workplace. Curricula need to be developed for SANDF training units and colleges that cover the issues of military professionalism. In addition, this process should closely follow the envisaged Citizenship Education programme. Attendance of training courses by SANDF personnel at foreign military institutions would also help perpetuate the values and ethics that are intrinsic to a military in a western democracy. All of this would have to be co-ordinated at ministerial level and practically implemented by a Staff Division such as Chief of Staff Personnel of the SANDF.

STIMULATING ACADEMIC DEBATE

A commitment to the creation of a professional military ethic in the SANDF would entail a sustained and concentrated effort. In the short term, academic debate and discussion on the meaning of being a professional military force, should be stimulated. This could be done in the following ways:
  • The circulation of relevant articles or publications to stakeholders for comment.

  • The publication of a SANDF brochure stating its views on professional military ethics and values, or its proposals for the creation of such an ethic.

  • A symposium or conference on this topic, with either the Institute for Defence Policy or IDASA, and involving NGOs dealing with military matters.

  • An essay competition with publication of a number of articles, representative of the range of response, in an established military publication.

  • Research into issues such as a professional military ethic, military professional values, Code of Conduct, Oath of Allegiance, Attestation Procedures and the current Deed of Commission. In the absence of a SANDF research centre, either the Military Academy, or defence related NGOs could be commissioned.

  • The founding of a military review publication to foster academic debate and the educational process, should be considered, and contribution to such forums could become one of the criteria for performance evaluation.

INTERNATIONAL HUMANITARIAN LAW

The Law of War, the Law of Armed Conflict, or International Humanitarian Law (IHL)43 are all treaty-based or customary rules which are specifically intended to resolve matters of humanitarian concern arising from international or non-international armed conflict. As such, IHL restricts the choice of belligerents in the means and methods of warfare. It also defines the groups of persons and types of property that parties to the conflict have to respect and protect. Accepted and required behaviour on the part of belligerents towards the victims of armed conflict (sick, wounded, shipwrecked or captured combatants, and civilians) is codified in the four Geneva Conventions of 1949, and in their two Additional Protocols of 1977. These treaties, developed under the auspices of the International Committee of the Red Cross (ICRC) aim at providing effective protection to the victims of any armed conflict.

It would be useless to accept international treaties which limit the means and methods of warfare and protect victims of war if these documents remain unknown. Responsibility to disseminate IHL lies with the states that have ratified the Geneva Conventions, as stated explicitly in the Conventions and their Protocols. Dissemination of IHL to the armed forces is a priority. Knowledge of the Law of Armed Conflict among military personnel is an operational necessity if military personnel are to accomplish their mission effectively within the context of the Law of War.

The application of IHL in military operations has to be taught practically at all levels of the armed forces hierarchy, and in peace-time, so that during armed conflict minimum standards of humanitarian behaviour can be achieved. The generally accepted target groups for IHL instruction in the armed forces are Joint Chiefs of Staff and Chiefs of Staff, training departments, troop commanders, legal departments and health services.

CITIZENSHIP AND DEMOCRACY EDUCATION

The democratisation taking place in South Africa has also had its impact on the SANDF. Various stakeholders in the broader South African community, as well as the International Committee of the Red Cross (ICRC), have made representations to the SANDF with the view to introduce citizen education into the SANDF.44 This includes the education of the soldier as a citizen in a democracy and the teaching of International Humanitarian Law (IHL). The soldier in the SANDF should be educated to become a responsible citizen, aware of his/her responsibilities towards and as part of society, as well as his/her responsibilities in time of conflict. A strong emphasis must be on the fact that the SANDF, as the sole constitutional organisation empowered to wage war, needs to be educated on the limits placed on its role.

ESTABLISHING PARLIAMENTARY SUPERVISION

The Interim Constitution creates a new order in South Africa in the form of a constitutional democracy. Parliamentary control over the military is a hallmark of a democracy. The Department of Defence must be managed and administered through a balance model Ministry of Defence of which a Defence Secretariat should be a component with the specific purpose of enhancing parliamentary control over the Defence Force. The establishment of a Defence Secretariat would consequently be reflected as an institutional reform target in the Reconstruction and Development Programme of the Government of National Unity.

CONCLUSION

An essential requirement for developing cohesion and military discipline in the emergent culture of the SANDF, is a professional military ethic and its inculcation in the value system of the SANDF. The challenge facing the SANDF is to find an appropriate military culture within the wider South African culture. The backgrounds and value systems of the members of the emergent SANDF are varied. Racial, cultural and ethnic diversity can either provide a strategically important balance or can result in degenerative conflict, strife and insurrection.

The development of a professional military ethic in South Africa is essential to the success of the SANDF in the medium to long term. A shared morality and professional ethic are strategically as important to the SANDF as doctrine, strategy and tactics, all having the power to influence the credibility and legitimacy of the SANDF in future deployments.

There is reasonable consensus among academic institutions, NGOs and the military, that an Oath of Allegiance and a Code of Conduct are essential criteria for fostering such a military ethic and would form a sound foundation for the development of such an ethic.

The responsibility for military professional behaviour rests with every officer and commander. It is a ‘higher order’ of values that must be part of the socialisation of staff. It should be taught on training courses and reinforced whenever possible. It is the subconscious knowledge of what ‘ought’ to be done in any given situation. The SANDF must examine ethical and professional stereotypes that exist in all its constituent forces. A theoretical and practical framework for the testing of these stereotypes must be established. Once they have stood the test of time, they should form the basis of an ethical revival and organisational learning.
  1. All views, opinions and statements expressed in this document are solely attributable to the author and as such it cannot be inferred that these are the views and opinions of the South African National Defence Force.

  2. Important rulings regarding the formation of the SANDF, SADF Internal Communication Bulletin 33/94, 25 April 1994.

  3. Achievements by the SADF in the Negotiation Process, SADF Internal Communication Bulletin 2/94, 2 January 1994.

  4. Objectives, Role and Function of the Defence Subcouncil of the TEC, SADF Internal Communication Bulletin 3/94, 11 January 1994.

  5. Military Developments in the Transitional Process, SADF Internal Communication Bulletin 1/94, 4 January 1994.

  6. Construction and Functions of the Joint Military Co-ordinating Council, SADF Internal Communication Bulletin 8/94, 1 February 1994.

  7. Integration of MK Members into the National Defence Force, SANDF Internal Communication Bulletin 40/94, 1 September 1994.

  8. Transitional Executive Council Act.

  9. Ibid.

  10. D. Beckett, The Fallacy of Heroes, Saga, Johannesburg, 1988, p. 136.

  11. S.E. Finer, The Man on Horseback, Penguin, Middlesex, 1975. p. 10.

  12. The Constitution of the Republic of South Africa, Section 226(4).

  13. Green Paper on South African Defence Policy, Defence Secretariat, Ministry of Defence, Pretoria, May 1995, p. 6.

  14. Service Corps of the SANDF, SANDF Internal Communication Bulletin 68/94, 7 December 1994.

  15. Launch of Service Corps, SANDF Internal Communication Bulletin 15/95, 1 March 1995.

  16. Achievements by the SADF in the Negotiation Process, SADF Internal Communication Bulletin 2/94, 2 January 1994.

  17. Y. Groll-Ya’ari, Towards a Normative Code for the Military, Armed Forces and Society 20(3), 1994, p. 496.

  18. L. Heinecken, Soldiers and Employee Rights: South African Trends and Issues, paper read at the South African Sociological Congress, University of Natal, Pietermaritzburg, 4-6 July 1994.

  19. M. Janowitz, The Professional Soldier, The Free Press, New York, 1960, p. 17.

  20. Heinecken, op. cit.

  21. P.M.E. Smith, Towards a Professional Military Ethic, Military Review, May 1990, p. 76.

  22. R.A. Gabriel, To Serve with Honour, Greenwood Press, Westport, 1982, p. 29.

  23. Smith, op. cit., p. 77.

  24. R. Williams, Between a Rock and a Hard Place: Morality and the Development of a Professional Military Ethic, African Security Review 4(3), 1995.

  25. N. Chalofsky, A Unifying Definition for the Human Resource Profession, Human Resource Development Quarterly 3(2), 1992.

  26. Smith, op. cit., p. 75.

  27. R.A. Gabriel and P.L. Savage, Crisis in Command, Hill and Wang, New York, p. 163.

  28. P.B. Mertz, Military Ethics, Professional Values, Legal and Moral Limitations and Political Activity, lecture presented as part of the Executive Programme in Defence Management, University of the Witwatersrand, August 1994.

  29. British Army Manual of Military Law, 1989, p. 5.2.

  30. Section 227(2)(d) to (f).

  31. Section 227(7).

  32. S.P. Huntington, The Soldier and the State, Belknap Press, Massachusetts, 1981.

  33. P.B. Mertz, A Controversy: Moral and Legal Limitations on Military Obedience versus the Demands of Control, South African Defence Review 4, 1992, p. 2.

  34. Gabriel and Savage, op. cit.
  35. Williams, op. cit.
  36. Ibid.
  37. NATO Review 5, October 1993, p. 30.

  38. P.B. Mertz, Loyalty and the Oath of Allegiance, lecture presented as part of the Executive Programme in Defence Management, University of the Witwatersrand, August 1994.

  39. Williams, op. cit.
  40. Gabriel and Savage, op. cit.
  41. M. Malan, Challenges to Military Professionalism in Developed and Developing Countries, lecture presented as part of the Executive Programme in Defence Management, University of the Witwatersrand, August 1994.

  42. Williams, op. cit.
  43. Disseminating International Humanitarian Law to the SANDF, SANDF Internal Communication Bulletin 20/95, 15 March 1995.

  44. Citizen Education in the SANDF, SANDF Internal Communication Bulletin 30/95, 5 April 1995.