Financial security of military judges in South Africa
AbstractThe status of military courts within the South African judicial system is uncertain. This uncertainty makes it challenging to determine the acceptable degree of their independence, including determining the acceptable basic financial security of military judges. In Van Rooyen v The State (2002) 5 SA 246 (CC), the Constitutional Court accepted a lower standard of independence in relation to magistrate’s courts than it requires of the High Courts. It did this primarily because the Constitution provides for a hierarchy of courts and, in its view, this justifies the different degrees of independence of the various courts. This article will report on a systematic investigation into the status of military courts within the South African court hierarchy mainly in comparison with magistrate’s courts with the aim of making a recommendation on the appropriate level of remuneration for military judges.
Copyright (c) 2018 Aifheli Enos Tshivhase
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Authors, copyright holders, may use the publishers version for teaching purposes, in books, theses, dissertations, conferences and conference papers.
A copy of the authors’ publishers version may also be hosted on the following websites:
- Non-commercial personal homepage or blog.
- Institutional webpage.
- Authors Institutional Repository.
The following notice should accompany such a posting on the website: “This is an electronic version of an article published in Scientia Militaria, Volume XXX, number XXX, pages XXX–XXX”, DOI. Authors should also supply a hyperlink to the original paper or indicate where the original paper (http://scientiamilitaria.journals.ac.za) may be found.
Authors publishers version, affiliated with the Stellenbosch University will be automatically deposited in the University’s’ Institutional Repository SUNScholar.
Articles as a whole, may not be re-published with another journal.
The following license applies: