THE TERMINATION OF SERVICE-98022775 SGT K.T. GONGXEKA

Presented by DOD

BACKGROUND

Separation of DOD personnel can take place through the following means:

· Retirement

· Death

· Exit mechanism

· Discharge through section 59(1 )(e) of the Defence Act No 42 of 2002

CONFIRMATION OF EMPLOYMENT

· Member served as an enrolled nurse at 3Mil Hosp

· She became ill and her job performance was affected

· She was then referred to a medical board using Section 59(1 )(e)

SECTION 59(1)(E) OF THE DEFENCE ACT NO 42 OF 2002

”the service of a member of the Regular Force is terminated if the Surgeon General or any personel authorised by him/her issues a certificate to the effect that due to medical or psychological reasons, such member is permanently unfit to serve in the Defence Force”

THE PROCESS FOLLOWED

· Member was found unfit by Medical Board

· Appeal was launched through her attorneys to the Surgeon General

· Appeal was also submitted to the Provincial Government

· The SG confirmed the Medical Board's findings

· Member was informed of the SG's confirmation via OC 3Mil Hosp

· Member medical status reclassified

· DD50 was issued to DHR Separation to grant authority on the Termination Programme

· Her unit and DHR Maint continued with the administration ito her pension benefits -Member was then discharged

· MOD and CSANOF were not approached to grant authority for her discharge as required by policy

· D HR Separation interpreted the Defence Act's section as giving them mandate to process the separation of the member

PROCESS TO REDRESS THE DISCHARGE OF SGT GONGXEKA

· Her medical discharge will be cancelled and will be administered as having passed away during service

· Her benefits will be amended accordingly and be paid to her beneficiaries

· All medical discharges will in future be submitted to the MOD for a final decision

· The process will be included in the DOD Instruction that is currently being developed

MEASURES TAKEN TO RECTIFY THE PROBLEM

An instruction is being developed, which specifies that final authority to separate any member will be from the Minister of Defence -Part of the instruction is to conduct a survey determining how many other members or employees have been affected by this oversight - Stringent monitoring and disciplinary measures are put in place to prevent recurrence of such an oversight.