Military justice currently on hold


The application of justice in the SA National Defence Force (SANDF) is on hold at present while the assignment of senior military judges is “being considered”.

Military trade union Sandu (SA National Defence Union) earlier this week indicated its concern over what national secretary Pikkie Greeff called “the halting of military courts”.

The union has on numerous instances taken the SANDF to court over labour related matters and has a high winning rate when it comes to judgements in favour of its members.
“Sandu is gravely concerned that the entire Military Court system has been brought to a grinding halt due to the fact that the required letters of appointment for military judges have not yet been signed by the Department of Defence.
“The effect is no trial can commence or continue until such time as the appointments have been finalised.
“It is astounding that the entire military justice system can be placed in jeopardy as a result of what appears to be poor or lax administration by the SANDF, who ironically are always quick to point out it needs to run a disciplined defence force,” Greeff said.

Responding, Brigadier General Xolani Mabanga, the force’s director: corporate communication, said: “The process of assigning senior military judges is currently under consideration”.

He did not indicate by when the process would be completed or when military courts would again start functioning.

Greeff appealed to the Department of Defence to finalise the appointments as a matter of urgency.
“Not only is the administration of military justice and discipline negatively affected, but the constitutional right to a speedy trial is also undermined,” he said.