No. and year of law

Short title

Extent of repeal or amendment

Act 16 of 1999

Military Discipline

Supplementary

Act

1.

The amendment of section 3 by the substitution for subsection (3) of the following subsection:

"(3)

When a person who is subject to the Code is suspected of having committed murder, treason, rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or culpable homicide in the Republic, the matter will be dealt with in accordance with section 27 of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998), and any ensuing trial shall take place in a civilian court.".

2.

The amendment of section 7 by the substitution for paragraph (a) of subsection (1) of the following paragraph:

(a)

in matters where treason, murder, rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or culpable homicide committed outside the Republic, or where contraventions of section 4 or 5 of the Code are involved, composed of five members, being—".

3.

The amendment of section 9 by the substitution for subsections (2) and (3) of the following subsections:

"(2)

A Court of a Senior Military Judge may, subject to subsection (3), try any person subject to the Code for any offence, other than murder, treason, rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or culpable homicide committed within the Republic, and may on conviction sentence the offender to any punishment referred to in section 12.

(3)

In any case where the charge or one of the charges brought or to be brought against an accused is murder, treason, rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or culpable homicide committed beyond the borders of the Republic, or is a contravention of section 4 or 5 of the Code, the powers conferred by this section shall be exercised by three senior military judges sitting together under the presidency of the senior of those judges.".

4.

The amendment of section 30 by the substitution for subsection (8) of the following subsection:

"(8)

When a preliminary investigation is held in respect of treason, murder, rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and  Related Matters) Amendment Act, 2007, respectively, or culpable homicide, committed outside the Republic, or a contravention of section 4 or 5 of the Code or any offence punishable by imprisonment exceeding a period of 10 years, the prosecution counsel shall, subject to subsection (10), lead the evidence of every witness called by him or her and any witness may be cross-examined by the accused and may thereafter be re-examined by the prosecution counsel in relation to any evidence given by that witness under cross-examination and may at any stage of the proceedings be recalled by the presiding judge, commanding officer or recording officer for the purpose of being further examined or cross-examined, as the case may be.".