Systemic delays, administrative failures, and unlawful financial deductions within military structures inflict profound hardships on former South African National Defence Force (SANDF) members and their grieving families.
Two landmark cases 
highlight the critical role of independent administrative oversight by the Office of the Military Ombud in holding the SANDF accountable. By protecting human dignity and enforcing policy compliance, the Ombud’s oversight actively unpacks complex bureaucratic bottlenecks so as to restore justice, financial security, and peace of mind for affected members and their dependents.
A Closer Look at the First Case:
Delayed Payment of Pension Following Death in Service
A complainant acting on behalf of her late husband approached the Office of the Military Ombud seeking assistance regarding the prolonged non-payment of the husband’s pension benefits. The deceased had been employed as a motor vehicle fitter at the SA Air Force base and passed away in August 2023. Following his death, the complainant made repeated enquiries concerning the delay in finalising the pension, but was informed that the matter could not proceed because of outstanding inventory items allocated to the deceased, which were the subject of an ongoing investigation. Despite numerous follow-ups, no adequate explanation was provided, and approximately one year and six months had elapsed without the pension being processed.
During the investigation, it emerged that the termination of service process could not be completed because the deceased’s clearing-out documentation remained incomplete, largely to due to unresolved discrepancies in his Distribution Account. An additional Distribution Account from a previous base of transfer had also not been updated, as the deceased had transferred without properly reconciling the account. It was further established that the deceased had not updated his Distribution Account annually as required, resulting in a significant accumulation of items, with the value of items recorded at one base alone estimated at approximately R3 million. The relevant command structure acknowledged that the matter had been unduly delayed and could have been handled more efficiently.
To resolve the issue, a dedicated process was initiated to reconcile the accounts, report on the losses, determine whether a write-off at State expense was appropriate, and proceed with a Board of Inquiry to finalise the termination process. Following the intervention of the Military Ombud, the complainant confirmed that the pension had eventually been paid, including interest. The matter was resolved in terms of section 6(6)(b) of the Military Ombud Act. It was further recommended that the Chief of the SANDF (C SANDF) instruct the Chief of the Air Force (C Air Force) to investigate the causes of the prolonged delay in order to prevent similar future occurrences.
This case highlights the profound hardship that can be caused to bereaved families when internal clearance and accountability processes are not managed expeditiously and underscores the need to balance asset accountability with the prompt finalisation of death benefits.
Turning to the Second Case:
Incorrect Deduction from Pension Benefits
A former SANDF member lodged a complaint alleging that his pension benefits had been incorrectly calculated following his discharge from service. The complainant had been discharged in December 2017 after being convicted of misconduct by the Court of the Military Judge.
As required, the matter was automatically referred to the Court of Military Appeals for review. Pending the outcome of that review, the complainant remained in active service and continued performing his duties until August 2018, when he was formally informed that the appeal court had upheld his discharge. Notwithstanding the fact that he had continued to serve during the intervening period, the discharge was applied retrospectively to December 2017, and an amount of R218, 451.49 was deducted from his pension on the basis that it constituted salary allegedly overpaid after the retrospective date of discharge.
The investigation considered the applicable Department of Defence policy, which provides that a member awaiting the outcome of a Court of Military Appeals review, and who continues to render service during that period, remains entitled to remuneration and benefits. It was also noted that any alleged overpayment must be properly substantiated by appropriate records, including proof of attendance. The legal position was further reinforced by relevant case law, which confirmed that a sentence of dismissal is not final until the appeal process has been completed and the outcome communicated to the affected member. The investigation established that the complainant had indeed continued to serve actively until he was formally notified of the appeal decision, and this was corroborated by official roll-call records.
It was therefore concluded that he was lawfully entitled to remuneration and benefits for that period, and that the deduction from his pension based on an alleged overpayment was unlawful and invalid. The complaint was upheld in terms of section 6(7)(a) of the Military Ombud Act. Following the decision of the Military Ombud, the complainant was reimbursed the full amount of R218, 451.49 that had been previously deducted from his pension payout.
This case illustrates the principle that adverse financial consequences cannot lawfully be imposed based on retrospective administrative assumptions where a member remained in active service pending finalisation of the appeal process and continued to render duty.
These cases demonstrate that the Office of the Military Ombud achieves success through thorough, independent, and evidence-driven investigations. By auditing official roll-call registers, untangling complex base-to-base inventory accounts, and enforcing established legal precedents, the Ombud uncovers the exact systemic failures that cause administrative injustice. These effective investigation efforts ensure that recommendations are backed by irrefutable facts. This rigorous process forces compliance from command structures, corrects financial irregularities, and secures systemic policy changes to protect the future rights of all SANDF members.
For further enquiries, please contact the Office of the Military Ombud through the following channels:
Telephone: 012 676 3800, Toll-Free: 080 726 6283 or Email: Intake@milombud.org
Physical Address: Block C4, Eco Origin, 349 Witch-Hazel Avenue, Eco Park, Centurion. | Postal Address: Private Bag X163, Centurion, Pretoria | Visit us on Website: www.milombud.org
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