SANDF’s wasted millions: if you crash in sea, you’d better know how to swim

SA is in danger of violating legally binding international aeronautical and maritime search-and-rescue (SAR) laws because the government cannot maintain critical defence equipment needed for life-saving deep-sea operations.

This is believed to be among the results of budget cuts and SA National Defence Force (SANDF) wastage of hundreds of millions of rand on questionable building leases, procurement contracts and IT systems which have yet to be installed.

A defence force document in Sunday Times Daily’s possession shows a military board of inquiry, launched in January, is probing how the SANDF’s Logistics Division blew more than R800m, including R110m on leasing buildings it does not occupy or occupied only years after renting, and R720m on other fruitless expenditure.

The document, a military tasking letter for the inquiry, shows that among the more than 26 contracts being probed is a R12m IT system, bought in 2017, which was never installed.

The inquiry stems from Logistics Division officers allegedly failing to implement five years of instructions from the auditor-general (AG) to investigate fruitless and wasteful expenditure.

Under National Treasury regulations, suspected fraud, corruption and financial irregularities within the SANDF must be investigated within 30 days of being reported. These cases must be reported to the police.

The inquiry, continuing until March 31, is probing procurements and contracts entered into by the Logistics Division’s Central Procurement Service Centre (CPSC) and Defence Works Formation (DWF).

Had the money not been wasted, it would have significantly helped the SANDF to maintain its ships and aircraft, the maintenance of which has been crippled by years of budget cuts, say transport department sources and aviation, defence and SAR experts.

In September 2019, then chief of the South African Air Force (SAAF) Lt-Gen Fabian Msimang told parliament’s portfolio committee on defence and military veterans that the underfunded budget and continuous cuts had had immediate and long-term consequences for the SAAF, including its inability to service a number of planes used in rescue operations.

Such maintenance is critical to ensure SA retains its SAR capabilities, which are necessary for the location of sinking ships and downed passenger airliners.

The last major aeronautical SAR operation SA was involved in was the SAA Helderberg crash. The aircraft plummeted into the Indian Ocean in 1987. If another such incident happened now, it is unlikely SA would be able to respond as required by international laws.

Under the UN’s International Civil Aviation Organisation (ICAO), International Maritime Organisation (IMO), Law of the Sea and Convention on Safety of Life at Sea, SA is compelled to launch SAR operations within its 28.5-million km² maritime and aeronautical domain, which stretches to the South Pole, from the Angolan-Namibian border halfway to South America and from the SA-Mozambique border halfway to Australia.

SA also has 10 separate SAR assistance agreements with other countries, compelling it to assist in the search for sinking vessels and downed aircraft.

According to Airports Company SA (Acsa) in 2019, 11.43-million international passengers flew into and from SA, with 2.31-million flying into and from the country in 2021. During this time, millions more have flown through SA’s SAR area of responsibility while travelling to and from other destinations.

A source from the department of transport, under which the SAR directorate falls, said because of SA’s crumbling SAR capabilities, the country risked blacklisting by international airlines and aviation authorities, with the ICAO able to recommend airlines do not fly to SA.

The source said: “Airlines, through ICAO, can say to SA, deliver on your responsibilities or be blacklisted. That’s because a portion of what airlines pay to fly in countries’ airspace must go to SAR capabilities.

“The moment you declare airspace you must have SAR capabilities. When we lose SAR capabilities, SA loses its oceanic airspace, which means blacklisting, which means economic losses from the lack of commercial and cargo flights.”

The source said passengers had a false sense of security that should they get into difficulties, they would be rescued. 

“Currently the situation is if you cross the pond and you go down in the sea, you are going to die.”

The source said it was estimated it would cost R1bn to get SAR capabilities on track, with an annual budget of R30m needed.

“The SANDF must be compelled to come to the party. The money they waste will make a huge difference to our capabilities.”

Wasted millions on unoccupied buildings

Military documents pertaining to the inquiry show how, for the past five financial years, CPSC and DWF staff allegedly violated National Treasury regulations and stonewalled internal military inquiries and investigations ordered by the AG.

This month the AG, Tsakani Maluleke, said she had asked the Hawks to investigate.

In her annual report on the defence department, tabled in parliament on December 8, she said it spent more than R100m on leases for unoccupied office buildings between 2015 and 2020.

Maluleke said despite the material irregularities identified and the department’s accounting officer, Gladys Kudjoe, who is the secretary of defence, planning to resolve them, progress reports on how they had been addressed were not submitted, with no responses provided on the quantification of financial losses or whether responsible officials had been identified or disciplined.

SANDF spokesperson Brig-Gen Andries Mahapa failed to respond to questions, including  how many buildings the military leased, how many leased buildings were fully, partially or not occupied at all, and how much was spent on leases.

He also failed to respond to questions about the SANDF’s SAR capabilities.

Sunday Times Daily understands from the SA National Defence Union (Sandu) that some of the buildings include the now demolished Bank of Lisbon building in Johannesburg. The SANDF’s HR department leased part of it with other Gauteng provincial government departments. Sunday Times Daily understands the SANDF continues to pay rent.

Other buildings the SANDF leases, which are either fully or partially occupied and in Pretoria, include:

• Armscor Building (Defence HQ);
• Eco Park Office Complex (Chief Joint Operations, CPSC, Central Military Police HQ, Works Regiment);
• General Piet Joubert Building (Navy HQ);
• Kasteel Park Erasmuskloof building (SA Military Health Services HQ);
• Liberty Life Building (Defence Intelligence);
• Boardwalk Office Park (Legal Services);
• Pointens Building (Finance);
• National Prosecuting Authority (NPA) building (SANDF foreign training project office).

In January, SANDF deputy chief of logistics Maj-Gen Xolani Ndlovu ordered an inquiry into more than 26 contracts, stating the CPSC and DWF management’s response to the AG “triggered” the investigation.

Other procurement contracts being probed include a R1.5m catering contract, while fruitless and wasteful expenditure being investigated includes the double booking of airline and bus tickets, interest on OR Tambo International Airport VIP lounge leases which had not been paid and R6.6m in forex related charges.    

Funding could only be available in 2033

Military analyst Helmoed Heitman said Treasury envisaged making funding available to refit the navy’s four frigates in 2033. It would cost an estimated R600m to get each vessel operational.

“The navy only has one operational frigate. Another, along with a submarine, has been refitted, but then only the ship’s systems, not its sensors. A second submarine is partly refitted, but held up by problems purchasing new valves.”

Also impacting SAR was the lack of operationally available helicopters, said Heitman.

“Of the 51 Oryx helicopters, 36 are theoretically operational. Of these 12 are actually operational, with five in the Democratic Republic of the Congo (DRC) [on UN peacekeeping missions] and two in Mozambique [on SADC stability missions]. Seven are in SA, which is not enough for contingencies.

“Of the six C-130s only two are operational at any time. The C-130s have no search radar, nor the range or endurance for our area of responsibility. 

“The SAAF’s maritime SAR capability is limited to three C-47TP Dakotas, which are 80 years old and only have weather radars; no search radars.”

Transport department spokesperson Lawrence Venkile said SA had SAR assistance agreements with Australia, Namibia, Reunion, Mozambique, Botswana, Lesotho, Argentina, Uruguay, Mauritius and Zimbabwe.

Venkile said while the department managed SAR, volunteers and the private sector provided assets as and when needed.

“There are no dedicated SAR assets except for the National Sea Rescue Institute (NSRI), which conducts close-to-shore operations.”

He said for SAR operations 926km offshore, aircraft response times varied between four and six hours, depending on availability.

“Naval vessels are not always available, but can be activated within eight hours. We make use of merchant fleets ... as vessels of opportunity.”

He said challenges included asset availability due to the SANDF’s other responsibilities and the limited number of operationally trained SAR personnel.

Venkile said while budget cuts at different government departments had weakened response capacity, “we have been able to respond to disasters with the resources at our disposal”. 

“Fortunately we have not had a major disaster that has stretched our resources.”

Venkile said the most significant gap was reaching the outer limits of SA’s SAR region, with some areas 3,704km away. 

“The SAAF squadron that operated the aircraft for these missions was shut down. There is now a reliance on private aircraft that operate in SA on a seasonal basis.”

‘There is no way out of legally binding obligations’

Air-traffic management and SAR consultant Arthur Bradshaw, who established SA’s civilian aeronautical SAR coordination centre, said under ICAO, IMO and other international conventions a state was responsible for establishing and maintaining its SAR capabilities.

”Whether we like it or not, there is no way out of these legally binding obligations. SA is experiencing growing problems in meeting its international obligations because the state is running out of money.

“Deep-water operations, which we could do in the past without a sweat, are now problematic. Budget cuts mean the SAAF does not have the capabilities. Our SAR capabilities are compromised.”

Passengers paying for SAR

Aaron Munetsi, Airlines Association of Southern Africa CEO, said as signatory to UN conventions and regional multilateral agreements, SA was obliged to provide SAR services.

He said passengers paid a statutory Passenger Safety Charge on every air ticket sold in SA, with airlines paying aeronautical infrastructure service fees on every flight departing and landing in the country or flying through its airspace.

“These monies are intended to fund services, including SAR.”

Former SAA flight safety chief and pilot Cobus Toerien said: “When you were flying to Heathrow or sometimes (far) south, you thought, if you go down here, no one will even come looking for you because they have nothing.

“British Airways, Lufthansa, Virgin all are paying, at great cost, for an SAR which doesn’t exist.”

‘Infractions should be reported’

IMO spokesperson Natasha Brown said SA was an IMO member and party to the UN’s SOLAS, SAR and Law at Sea conventions. 

“A state agrees to be bound by the regulations. It must implement the rules in the treaties and conventions into national law.”

UNCLOS and SOLAS impose obligations on every coastal state party to establish, operate and maintain adequate and effective SAR services regarding “safety on and over the sea”.

Brown said in terms of actions which could be taken against infringing members, the IMO could conduct audits and issue corrective action plans.

ICAO spokesperson Anthony Philbin said SA, as with all members, was obliged to provide 24-hour SAR services.

He said under ICAO regulations only governments could hold other countries to account.

“That accountability normally takes the form of country-to-country sanctions, which are assessed and agreed to through high-level multilateral platforms like the UN General Assembly or UN Security Council.”

He said ICAO regulations required countries to be transparent and disclose significant compliance shortcomings regarding safety-related standards and practices.

“A state’s failure to comply with determinations or recommendations of the ICAO Council can be made public. Infractions by members shall be reported to ICAO’s Triennial Assembly when no appropriate action is taken by a state.

“The assembly shall suspend the voting power of any state found in default.”