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Draft Military Discipline Bill in the Pipeline

April 5, 2019

Department of Defence

5 April 2019

A Draft Military Discipline Bill is in the pipeline.

The defence department published the draft bill’s explanatory summary in Government Gazette 42346.

Cabinet approved the draft bill in August 2018 for tabling in parliament.

In the cabinet statement, the draft bill was described as addressing the “administration of military judicial system, creation and appointment of military police services, and disciplinary hearings”.

Cabinet also announced that the proposed legislation will repeal the current Military Discipline Supplementary Measures Act of 1999 and align SANDF Military Discipline to the United Nations with particular emphasis on soldiers in peacekeeping missions.

The bill seeks to:

• provide for an effective administration of the military justice system and maintenance of discipline in the Defence Force;
• establish and regulate military courts and appointment of judicial officers and court officials;
• provide for the appointment the Judge Advocate General and Provost Marshal General of the Defence Force;
• provide for administrative processes;
• repeal the Military Supplementary Measures Act, 1999; and
• provide for matters connected therewith.

The department intends tabling the draft bill in parliament.