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

Abstract

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