THE SOUTH AFRICAN MILITARY COURT SYSTEM – INDEPENDENT, IMPARTIAL AND CONSTITUTIONAL?

Abstract

The Constitution of the Republic of South Africa makes provision for a
defence force that is structured and managed as a disciplined military force. Even
prior to the Constitution, to ensure discipline in the military, the South African
Military Law had been developed and the military court system has been recognised by the Constitutional Court. This military criminal justice system has been created
with a separate system of courts hearing matters pertaining to the usual, as well as
other special statutory offences; and with a similar, but separate, investigative
procedure, prosecuting authority, and court procedure.