MILITARY LEGAL SERVICES

1. MILITARY LEGAL SERVICES

2. DISCIPLINARY REVIEWS AND IMPLEMENTATION OF THE MILITARY JUSTICE SYSTEM

3. AIM TO REPORT ON THE ADMINISTRATION OF JUSTICE WITH SPECIFIC REFERENCE TO - A. DISCIPLINARY REVIEWS IN THE SANDF OVER PERIOD 01 APRIL 2000 TO 31 MARCH 2002; AND B. IMPLEMENTATION OF THE MILITARY JUSTICE SYSTEM

4. SCOPE A • MOST COMMON OFFENCES • COURTS OF MILITARY APPEAL • COURTS OF SENIOR /MILITARY JUDGE • DISCIPLINARY HEARINGS • DECISIONS NOT TO PROSECUTE • MILITARY POLICE CASES • MILITARY JUDICIAL REVIEWS

5. SCOPE B • INTRODUCTION • LEGSATO BOUNDARIES / DISPERSION • MLS STRUCTURE • PERSONNEL

6. DISCIPLINARY REVIEWS IN THE SANDF OVER PERIOD 01 APRIL 2000 TO 31 MARCH 2002

7. MOST COMMON OFFENCES

8. MOST COMMON OFFENCES • AWOL {SEC 14 (a) and (b) MDC} • DISOBEYING LAWFUL COMMANDS {SEC 19(2) AND (5) MDC} • DURNKENNESS {SEC 33(a) and (b) MDC} • USING THREATENING; INSULTING OR INSUBORDINATING LANGUAGE {SEC 17}

9. MOST COMMON OFFENCES

10. MOST COMMON OFFENCES

11. COURTS OF MILITARY APPEAL

12. COURTS OF MILITARY APPEAL • Composition : An independent judicial body appointed by the Minister of Defence (Sec 7 MDSMA) • Structure: • Serving High Court Judge (Chairperson) • Appropriately qualified Regular Force Officer • Regular Force General or Flag Officer

13. COURTS OF MILITARY APPEAL • When sitting to consider matters involving either treason, murder, rape or culpable homicide committed outside the RSA or a contravention of section 4 or 5 of the MDC, a CMA will sit with a total of five (5) members, three (3) of whom will be High Court judges.

14. COURTS OF MILITARY APPEAL • Considers cases in the following circumstances: • Imprisonment (effective or suspended); • Cashiering or discharge with ignominy; • Dismissal or discharge; or • Any lawful combination of the above punishments. • Must be reviewed by CMA and may not be executed before such review has been completed.

15. COURTS OF MILITARY APPEAL • In cases not covered by the previous circumstances, a convicted offender may apply, within prescribed time limits, for the review of his/her case. • DMJR, if he has doubt as to whether a finding or sentence should be upheld, may either intervene himself or refer the case for consideration by a CMA.

16. COURTS OF MILITARY APPEAL • Powers: Consonant with the right of every person convicted and sentenced by a Military Court to the speedy automatic and competent review of the proceedings of his/her trail to ensure that those proceedings, including any finding, sentence or order, are either valid, regular, fair and appropriate,or remedied, a CMA exercises the full power akin to the High Court competencies on appeal and review.

17. COURTS OF MILITARY APPEAL

18. COURTS OF MILITARY APPEAL

19. COURTS OF MILITARY APPEAL

20. COURTS OF MILITARY APPEAL

21. COURTS OF MILITARY APPEAL

22. COURTS OF MILITARY APPEAL

23. COURTS OF MILITARY APPEAL

24. COURTS OF MILITARY APPEAL

25. COURTS OF MILITARY APPEAL

26. COURTS OF MILITARY APPEAL

27. COURTS OF SENIOR/MILITARY JUDGE

28. COURTS OF SENIOR MILITARY JUDGE • The Minister of Defence assigns an officer to the function of SMJ on advice of the AG. • Only an officer of a rank not below that of Colonel or its equivalent with not less than 5 years experience as a practising advocate or attorney of the High Court of SA, or 5 years experience in the administration of criminal justice or military justice.

29. COURTS OF SENIOR MILITARY JUDGE • Court of SMJ may try any person subject to military law for any offence other than treason, murder, rape or culpable homicide committed within the borders of the RSA.

30. COURTS OF MILITARY JUDGE • The Minister of Defence assigns an officer to the function of MJ on advice of the AG. • Only an officer of not less than field rank (major or SAN equivalent) with not less than 3 years experience as a practising advocate or attorney of the High Court of SA, or 3 years experience in the administration of criminal justice or military justice.

31. COURTS OF MILITARY JUDGE • Court of MJ may try any person subject to military law, other than an officer of field rank (major or SAN equivalent) or higher rank for any offence other than treason, murder, rape or culpable homicide, or a offence under Section 4 or 5 of the MDC.

32. COURTS OF SENIOR/MILITARY JUDGE

33. COURTS OF SENIOR/MILITARY JUDGE

34. COURTS OF SENIOR/MILITARY JUDGE

35. COURTS OF SENIOR/MILITARY JUDGE

36. COURTS OF SENIOR/MILITARY JUDGE

37. COURTS OF SENIOR/MILITARY JUDGE

38. COURTS OF SENIOR/MILITARY JUDGE

39. DISCIPLINARY HEARINGS

40. DISCIPLINARY HEARINGS • Jurisdiction of Commanding Officer: A Commanding Officer may conduct a Disciplinary Hearing of any person subject to the code, other than an officer or warrant officer, who has elected to be heard by him, for any military disciplinary offence.

41. DISCIPLINARY HEARINGS • Sentences of Commanding Officer: • fine not exceeding R600,00 • confinement to barracks for period not exceeding 21 days (private or equivalent rank) • corrective punishment for period not exceeding 21 days (private or equivalent rank) • extra non-consecutive duties for a period not exceeding 21 days (any rank other than officer) • reprimand

42. DISCIPLINARY HEARINGS

43. DISCIPLINARY HEARINGS

44. DECISIONS NOT TO PROSECUTE

45. DECISIONS NOT TO PROSECUTEOVER PERIOD 01 JAN 2002 - 24 MAY 2002

46. MILITARY POLICE CASES

47. MILITARY POLICE CASES

48. MILITARY JUDICIAL REVIEWS

49. MILITARY JUDICIAL REVIEWS

50. MILITARY JUDICIAL REVIEWS