Parliamentary Oversight of the Security Sector: the Case of the South African National Defence Force
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Parliamentary Oversight of the Security Sector: The Case of the South African National Defence Force by Mafole Paul Mokalobe 201464081 Thesis Submitted in Fulfilment of the Requirements for the Degree of Doctor Litterarum et Philosophiae in Politics and International Relations in the Department of Politics and International Relations of the Faculty of Humanities at the University of Johannesburg supervised by Professor Cheryl Hendricks 15 August 2018 Abstract Soon after democracy, South Africa embarked on elaborate process to transform its defence force. This was intentional. During apartheid, the South African Defence Force (SADF) was entwined in the National Party’s politics, blurring the line between politics and the military. After 1994, the South African National Defence Force (SANDF) and Department of Defence were established, bringing much needed changes in this regard. The instituted changes were to occur within the bounds of what is now referred to as the Security Sector Reform (SSR) paradigm. Among an array of SSR measures initiated were enabling legal, electoral, institutional, operational and parliamentary mechanisms important for sound parliamentary oversight of the SANDF and defence expenditure. Lauded for their comprehensiveness, these transformatory mechanisms were later to shape the concept of SSR, and inspire similar reforms elsewhere. Two decades into democracy, it is reasonable to assume that sound parliamentary oversight of the SANDF and primarily, defence expenditure is profoundly embedded in South Africa. This study argues that the enabling mechanisms introduced as part of SSR have shown to be inadequate, defective and impaired. This is mainly attributable to the undermining of democracy as a derivative of politics. It has weakened parliamentary oversight of the SANDF, and particularly of defence expenditure, and impaired SSR. This means that if democracy is weakened, so, too, is SSR. Therefore, the quality, depth, form, substance and sustainability of SSR are entwined to the preservation of democracy, which is influenced by politics. More specifically, at the political level of SSR, the enabling legal mechanisms have proven not enough to ensure sound oversight. This is in part due to the confluence of the party and the state demonstrated by the strained relations between the three organs of state and the ambiguities of some laws. Discontent about the partisan Speaker of Parliament has similarly been raised. The current electoral system also fosters loyalty to the party instead of the electorates. The lacking institutional capacity of parliament is also indicative of patronage rooted in the flawed implementation of the cadre deployment policy, which values loyalty over merit. Matters are no different at the economic level of SSR. The enabling mechanisms have not led to full compliance with the law with minimal consequences for transgressors. Ambiguities in law are also a challenge. Repeated audit opinions reveal failures to adhere to legal prescripts with irregular, fruitless and wasteful expenditure all too common. Alongside these is declining 2 defence budget borne out of necessity and importantly, the need for political power, as development needs increase and available resources decreases. Partly because of the electoral system, ultimately, the executive and not parliament, determines the defence budget. Again, to a degree, due to flawed cadre deployment, loyalty has been substituted for merit with negative impact on parliamentary oversight. Problems include the erosion of the integrity of parliament. These problems are expressive of the fact SSR requires vigilance, adaptability, reflection and the preservation of democracy as a derivative of politics. The successful implementation of SSR should not be regarded as an isolated event, but the beginning of a work in progress. Disregard of this factor is likely to erode the essence of SSR in principle, theory and practice. 3 Acknowledgements I am indebted to my supervisor, Professor Cheryl Hendricks, for her guidance and inspiring intellectual mastery, from which I have benefitted immensely. Words alone can never express how grateful I am. The experience of working with you has brought so much contentment. Right from the beginning of this work, the University of Johannesburg’s Department of Politics and International Relations’ willingness, dedication and support to me was unparalleled, effortless and at the same time, uncompromisingly rigorous. Many thanks to the members of the Faculty of Humanities’ Higher Degrees Committee that helped shape my initial thoughts. My appreciation to Rae Israel for always making my experience of the Department gratifying. This work would have not been possible without the untiring support of my family. My deepest gratitude to my wife, Mpolokeng Mokalobe for the love, patience, prayers and support. Every aspect of what you represent is embodied in the commas and full stops of this work. To my son (Khotso), daughter (Moleboheng) and niece (Mosa) may you grow up to treasure the gift of knowledge for yourself and your country. This also goes to members of my extended family. To my mother (Maditaba) and sister (Ntshiuwa) I can never thank you enough for the support. This experience would have not been exciting without the inspiration of my aunts, uncles and cousins for adding a glittering medley of colours to my life that gives meaning to my everyday existence. These include the wonderful Mokaloba(e), Makhetha, Nkoe, Motumi and Wesi families among many. My love to each and every one of you and all Bakoena for being there. Special thanks to my uncle, Letuka Johannes Nkoe for relentlessly instilling in us the importance of education from an early age. Your wisdom and courage was nothing short of incredible and carried me throughout this work. May your soul rest in peace. To the Mohapi, Mpiti, Mogodi and Ngulube families you have been a significant layer of support. A special word of thanks particularly to Ntate Victor Mohapi, may his soul rest in peace, and Mme Mampho Mohapi. Your encouragement has been a rewarding source of determination throughout this journey. Many thanks to my friend, Abel Nkosi Masiza, for unwavering support over the years. Thanks to all those who in their own special way made this work possible. 4 Table of Contents List of Abbreviations ........................................................................................................ 8 List of Tables……………………………………………………………..…………………….11 List of Figures……………………………………………………………..…………………...12 Chapter 1: Introduction and Context ......................................................................... 13 1.1. Research Introduction and Background .............................................................................13 1.1.1 Research Introduction ............................................................................................13 1.1.2 Research Background ............................................................................................16 1.1.3 Research Problem .................................................................................................18 1.2. Research Aims and Analytical Framework .........................................................................23 1.2.1. Research Assumptions ..........................................................................................23 1.2.2. Research Objectives ..............................................................................................23 1.2.3. Analytical Framework .............................................................................................25 1.3. Research Approach, Significance and Structure ................................................................28 1.3.1. Research Methodology ..........................................................................................28 1.3.2. Research Design ....................................................................................................29 1.3.3. Research Significance ............................................................................................30 1.3.4. Research Structure ................................................................................................31 Chapter 2: Conceptualising Security Sector Reform, Parliamentary Oversight and Defence Expenditure ................................................................................................... 33 2.1 Introduction ........................................................................................................................33 2.2. Definitions of Security Sector Reform, Parliamentary Oversight and Defence Expenditure ...............................................................................................................................33