Military judiciary can never be truly independent: really?

auteur Bulelani Tsewu
tijdschrift RIDP Libri (ISSN: )
jaargang 2025
aflevering Military Justice: Contemporary, Historical and Comparative Perspectives
onderdeel Part 2 - Military justice today
publicatie datum 6 januari 2025
taal English
pagina 199
samenvatting

Historically, military trials were conducted at the behest of military commanders. However, with the passing of time, military justice in some democratic countries progressed from a command-centric disciplinary system to a system of military justice that respects judicial independence. The concept of judicial independence seeks to prevent anyone from interfering with a judicial officer when executing a judicial function. Judicial independence is guaranteed by security of tenure, financial security, and institutional independence. Recent developments in South Africa have put a spotlight on the independence of the military judiciary, especially with regards to dual roles of military judges as both military officers and judicial officers. The article finds that South Africa’s military judges lack independence. The question that this article seeks to answer is whether the military judiciary can ever be truly independent from the chain of command or is it time for South Africa to abolish the military justice system as a whole or civilianise the military judiciary. It is concluded in this article that the best possible solution is to preserve the status of military judges as officers, but their independence needs strengthening.