General and Further Education and Training Quality Assurance Act
R 385
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Defence Act, 1957 (Act No. 44 of 1957) Chapter XI : Discipline, Legal Procedure and Offences105. Jurisdiction of ordinary courts in regard to offences under Military Discipline Code |
| (1) | Any division of the Supreme Court of South Africa or, subject to any other law prescribing its jurisdiction, a magistrate's court may try any person for any offence under the Military Discipline Code and may impose any punishment which may be imposed for that offence under that Code and which is within the jurisdiction of such court, including, in the case of a magistrate's court, a sentence of detention: Provided that no person shall be sentenced to corporal punishment in respect of any offence under the said Code. |
| (2) | In imposing any punishment for an offence under this Act or the said Code the court shall take cognizance of the gravity of the offence in relation to its military bearing and have due regard to the necessity for the maintenance in the South African Defence force of a proper standard of military discipline. |
| (3) | If a non-commissioned officer of the South African Defence Force is convicted of any offence under this Act or the said Code he may, in addition to any penalty imposed by the court, be reduced to the ranks or to a lower rank or grade by the prescribed authority. |
