INTRODUCTION

In many countries of the world, the care and welfare of all those who served their country in times of conflict has been the responsibility of the state. The nature of the aid given to the veterans, however, has varied considerably, from the provision of pension and disability grants, to full support in the form of housing, medical care, education, insurance and jobs. In those countries where veterans have established well managed dynamic organisations, it appears as if the state tends to adopt an effective and meaningful role in the welfare of its veterans.

The aim of this article is to look into the physical, psychological and social welfare needs of veterans and feasible intersectoral interventions in this regard.

HISTORICAL SERVICE BENEFITS FOR SA WAR VETERANS

Since 1919, the following legislation was introduced in South Africa to provide for the payment of pensions and gratuities in respect of the disability and death of war veterans and members of the Citizen, Commando and Reserve forces. For example:

the War Special Pensions Act, (No 42 of 1919) as consolidated by the War Special Pensions Act (No 35 of 1962), applicable to burgers of South Africa involved in the South African War 1899-1901 and volunteers of the Great War 1914-1918;



the War Pensions Act (No 44 of 1942) as consolidated by the War Pensions Act (No 82 of 1967), applicable to volunteers who participated in the 1939-1945 war and members of the South African Permanent Force for service in the Korean War; and



the Military Pensions Act (No 84 of 1976) that consolidated the above-mentioned acts and provided for compensation for disability or death during training or actual military service of members of Citizen, Commando or Reserve forces.

According to the Social Pensions Act (No 37 of 1973) any person with disabilities (including veterans of war) could apply for a disability grant for themselves and a maintenance grant for dependants. This Act also made provision for an elderly person who participated in the accredited wars to apply for a war veterans' pension when (s)he reaches the age of sixty.

The Military Pensions Act of 1976 provided for the payment of pensions and gratuities to certain persons in respect of disabilities caused or aggravated by military service and for the medical treatment of such persons.

Compensation payable in terms of the 1976 act depends on the extent of the disability suffered, provided that the wound, injury or other effect claimed for, was caused or aggravated by military service and was not due to any other conduct on the part of the member.

In considering an application for compensation, the pensionable disability of the applicant and the degree of such a disability are determined by comparing his/her physical and mental condition with that of a normal and healthy person of the same age and sex, without regard to earning capacity in any particular occupation. For the purpose of such a determination, the applicant is to be medically examined by a medical board appointed by the Director-General of Finance.

DEGREE OF DISABILITY

The amount of compensation payable depends on the determined degree of disability determined and may vary from one per cent to a hundred per cent. This could vary from a lump sum payment to a basic monthly pension, depending on the assessed degree of the disability.

The basic pension payable is

supplemented by 25 per cent where the member has an educational qualification equal to matric;



66,6 per cent where the member has an educational qualification equal to tertiary standard;



or an additional allowance is paid, based on actual earnings as at the date of injury to a certain maximum per annum and age allowance starting at 25 years of age and levelling off at 13,759 per cent of pension for persons aged 40 years and older.

Provision is also made in workmen's compensation legislation for financial assistance to members of the security forces who, by virtue of their employment, are injured in conflicts either on international borders or in combating internal unrest. Benefits consist of:

provision of medical facilities and payment for medical expenses;


payment of full salaries while recuperating;


compensation for permanent disabilities;


lump sum payment if the degree of disability is less than 30 per cent;


monthly pension if disability is in excess of 30 per cent; or


in cases of severe disability, a constant attendance allowance is payable.

Pensions are reviewed and increased annually, depending on the availability of funds and the level of inflation rates. Individual cases can also be reviewed if there is medical proof of a deterioration in the individual's condition.

If a member of the security forces is fatally injured, his/her dependants are entitled to:

a fixed lump sum to the spouse to cover immediate expenses;


a lifelong monthly pension to the spouse;


monthly pensions to children under the age of 18 years; and


a fixed amount to cover necessary burial expenses.

BENEFITS FOR FORMER NON-STATUTORY FORCE MEMBERS (NSF)

During the planning for integration, an obvious disparity arose out of the different kinds of service systems and the conditions in the seven different armed forces. The former NSF members were particularly in a disadvantaged position, because of the conditions and nature of their service. As a result, it became imperative to recognise the years of service of these members. A necessity arose for the Government to buy back pensions for this category of the SANDF through a provision in the Interim Constitution and an act of Parliament. The result was Section 189 of the Constitution of the Republic of South Africa (Act no 200 of 1993).

The Joint Military Co-ordinating Committee (JMCC), of the Sub-Council on Defence of the Transitional Executive Council (TEC) confirmed this matter at their ninth meeting held on 13 April 1994 under the subject 'Recognition of Service/Financial Compensation'.

The concept of financial compensation for members of the NSF has subsequently been promulgated in the Special Pensions Act (No 69 of 1996) to include non-military personnel in the overall political dispensation.

The Act as it stands reads as follows:

"... [P]ersons who made sacrifices or served the public interest in establishing a non racial democratic constitutional order and who is a citizen or entitled to be a citizen, of the Republic of South Africa, has a right in terms of this Act if that person

a. was at least 35 years of age on the commencement date; and

b. was prevented from providing for a pension because, for a total combined period of at least five years prior to 2 February 1990, one or more of the following circumstances applied:

i. That person was engaged full time in the service of a political organisation.

ii. That person was prevented from leaving a particular place or area within the Republic, or from being at a particular place or in a particular area within the Republic, as a result of an order issued in terms of a law mentioned in schedule 1 of this Act.

iii. That person was imprisoned or detained in terms of any law or for any crime mentioned in Schedule 1 of this Act, or that person was imprisoned for any offence committed with a political objective."

The Act has been extended to include political office bearers and functionaries.

Section 3 of the Act stipulates that "a person who made sacrifices or served the public interest in establishing a non-racial democratic constitutional order and who is a citizen, or entitled to be a citizen of the Republic, has a right to a pension in terms of this Act if that person was prevented from providing for a pension because, prior to February 1990, that person suffered a permanent and total disability arising out of any of the circumstances listed in subsection (1)(b)(i) or (iii)."

A pensioner who qualifies for a benefit, in terms of subsection (1), is entitled to receive a pension, payable monthly, commencing on the first day of the month during which that person attains the age of 60.

A person who qualifies for a benefit in terms of section (3) is entitled to receive a pension, payable monthly, commencing with effect from 1 April 1995.

For each pensioner, the established Board determines the amount of the monthly pension in accordance with the following table:

THE IMPLICATIONS OF THE SPECIAL PENSIONS ACT

In addition to any benefits granted in terms of the Act, a beneficiary may also receive payments in terms of either or both of the Social Pensions Act (1973) and the Military Pensions Act (1973).

The Special Pensions Act, however, does not cater for the medical and psychological needs of veterans sustained during the course of the struggle.

In the South African context, the White Paper on Defence stipulates that former non-statutory force members who are elderly and disabled ought to be compensated because they contributed to the struggle against apartheid. Subsequently, those members who could not integrate into the SANDF due to reasons of age, ill health or aptitude, were awarded gratuities in terms of their years of service as illustrated in the following table:

MEDICAL SERVICES FOR UMKHONTO WE SIZWE (MK )VETERANS

Former NSF veterans do not have access to military medical facilities due to the fact that they obviously did not contribute towards the Medical Continuation Fund, during years of service.

Against this background, the Surgeon-General has expressed his willingness to provide a comprehensive medical service to all approved veteran clientéle on condition that it will be funded by either the PF Medical Continuation Fund or by another special medical fund, should it be implemented and added to the SAMS budget.

Military veterans who are not members of the Permanent Force Medical Continuation Fund may presently be treated as private patients after a guarantee of payment has been received from the patients. The costs for treatment are the same as for private patients at provincial hospitals, and are not calculated according to the scale of income.

The Surgeon-General's impression was that the Department of Finance would look into this matter while drafting the prescripts of the Special Pensions Act. Had this aspect been covered in the Act, all former NSF members would have automatically qualified for medical treatment. The total funds required per patient on average would be +R166-00 per month, and if the service is extended to dependants, the cost per patient is +R154-00 per month.

The cost of medical services for the 545 MK veterans on the Consolidated Personnel Register, exclusive of dependants, could cost R1 085 640 per annum. If the number is more than this, the bill could be as high as R1,2 billion per annum (excluding dependants).

HOUSING

As earlier indicated, some, if not most, of the veterans do not have a fixed place of abode. Much as Government has made provisions for people that earn between R0 - R3 500 to have access to subsidies (for which the veterans are eligible as a result of the demobilisation package), it is difficult for this target group to access funding because of:

a lack of public access to information;


focus on large scale delivery; and


national location of veterans would make it difficult to identify a project for them.

Most of the veterans qualify for the standardised institutional subsidy of R15 000 (Government Capital Subsidy). There are very few projects which enable people to build houses for this amount. In some instances, the individual may be required to access additional credit. Again some of the veterans may not qualify, because of the minimum criteria set up by financial institutions, such as proof of income, employment record, credit rating, etc.

Yet, a number of joint ventures have been established in various provinces to facilitate speedy delivery. Again, it would be difficult for a specific venture to be established specifically for this target group, for joint ventures undertake scale delivery projects of 100-300 houses.

There is therefore a need to identify a scheme among the existing programmes that will be specific to veterans. This will require establishing where the veterans would like to stay, exploration of possibilities to access their subsidies from the National Budget and then to have it deducted from individual provinces. The social housing scheme may best suit the conditions/needs of the veterans, but this will require:

technical assistance for institutional capacity development to enable veterans to build their own houses (if possible);



ensuring that loan finance is accessible in order to guarantee buying of material; and



monitoring and management.

SOCIAL WELFARE SERVICES

Presently, no organised social welfare services are rendered to former NSF veterans, although some may require such services, since they have no fixed place of abode, and do not have a source of income since the Special Pensions Act only caters for those who are 60 years of age.

The situation demands that a comprehensive and needs-driven service is rendered to former NSF veterans. Social work officers could assist veterans:

to access their pensions;


to establish income generating projects;


to raise funds for a bursary scheme;


with referrals to other resources;


by empowering them with problem-solving skills;


to form support groups among themselves; and


to set up programmes which promote a healthy lifestyle.

Some of the former NSF veterans who could not integrate into the SANDF due to reasons of age, ill-health or aptitude have joined the Service Corps in order to acquire skills. Some have indicated that they would like to further their skills training or form co-operatives. Their demobilisation package could not cater for this because of other unmet needs. The questions raised with regards to the Special Pension Bill are: why should members who need the money now wait until they are 60 years of age to get it? Why can't the money be given to members to invest as they deem fit? Would those who want to venture into business be allowed to use the money as collateral?

CONCLUSION

A better understanding of the plight and needs of veterans is necessary to formulate appropriate policies, benefits and programmes that would adequately address their needs.

MK military veterans are men and women who have been prepared to lay down their lives for the establishment of democracy in our country. The Government and communities therefore have to be the principal advocates in ensuring that they receive the care, support and recognition which they have earned in the service of their country.

The White Paper on Defence stipulates that a directorate for Military Veteran's Affairs should be established within the Defence Secretariat. The chairperson of the Council of Military Veterans' Organisations will serve as the Defence Minister's adviser on Military Veterans' Affairs. This should be regarded as an important mechanism in ensuring that the needs of veterans are researched and addressed.

ENDNOTES

The views expressed in this paper do not necessarily reflect those of the Department of Defence (DoD).