Military judiciary legislation approved by South Africa's Parliament

In response to the landmark decision of the South African Constitutional Court in O'Brien N.O. v Minister of Defence and Military Veterans and Others (CCT 14/23) [2024] ZACC 30; 2025 (2) SA 613 (CC); 2025 (4) BCLR 460 (CC) (20 December 2024), the country's parliament has approved two significant measures. DefenceWeb's report observes:

The Defence Amendment Bill, as its title implies, amends sections of the 2002 Defence Act to ensure compliance with a Constitutional Court ruling, while Military Discipline Supplementary Measures Amendment Bill will see a Military Judicial Committee (MJC) established to regulate “assignment and removal” of military judges, also in line with a Constitutional Court ruling.

The relevant Constitutional Court ruling found two sections of the Defence Act unconstitutional in that they permitted what a Parliamentary Communication Services (PCS) statement has as “members of the Executive” to establish boards of inquiry (BoI) to investigate military judges as well as the content of their judicial decisions. The apex South African court ruled these decisions as undermining the separation of powers, inherent in the Constitution, and a threat to judicial independence.

Also relevant to the DoD Legal Services Division headed by Adjutant General, Major General Eric Mnisi, are changes to the Military Discipline Supplementary Measures Act.

The bills will become law upon approval by the President of South Africa.