Courts of South Africa - Military Courts

Military Courts

Members of the South African National Defence Force are subject to the Military Discipline Code and the jurisdiction of the military courts. Minor military offences are dealt with in a disciplinary hearing by the commanding officer, who may impose penalties like fines, confinement to barracks, or extra duty. For serious offences, SANDF members are tried in a Court of a Military Judge or a Court of a Senior Military Judge. These courts consist of a legally-trained officer as judge and two officers or warrant officers as assessors. The judge decides questions of law, while the judge and assessors decide questions of fact by a majority vote. Certain offences (murder, rape, treason, culpable homicide, crimes against humanity and war crimes) may only be tried in the ordinary civilian courts.

Appeals from the military courts are to the Court of Military Appeals, which consists of a civilian judge or magistrate (or in some cases three civilian judges), a legally-trained military officer, and another officer with command experience. Rulings on this court may be taken on review to the civilian High Court (and subsequently to the Supreme Court of Appeal and Constitutional Court) only on the grounds of procedural unfairness or constitutional invalidity.