The constitionnality of South African military justice system: quo vadis?

author Michelle Nel
journal RIDP Libri (ISSN: )
volume 2025
issue Military Justice: Contemporary, Historical and Comparative Perspectives
section Part 2 - Military justice today
date of publication Jan. 6, 2025
language English
pagina 301
abstract

Calls for military justice reform, advocating for increased transparency and independence, have sparked debates among global entities such as the United Nations (UN) and the African Commission. International documents such as the Decaux Principles and the Yale Draft on Military Justice outline principles for an independent, fair, impartial, and effective military justice system. The aim of any military justice system is focussed on ensuring disciplined armed forces and in South Africa this is a constitutional imperative. Yet, while discipline is crucial, it cannot trump al. For an effective functioning military, trust in the system is equally vital. The South African military justice system has undergone significant changes since its inception in 1912, most notably in recent decades. Yet, questions linger regarding its compliance with international standards and the need for further reforms. This study will compare the South African system with a selection of pertinent Decaux Principles and African Commission guidelines to pinpoint areas requir-ing improvement and propose actionable recommendations for enhancement.