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Defence Act, 1957 (Act No. 44 of 1957)

Schedules

First Schedule

107. Reasons for judgment

 

 

(1) A review authority may direct a military court to give written reasons for any ruling or finding of such court, which reasons shall show—
(a) the facts the court found to be proved;
(b) the grounds upon which the court arrived at the finding;
(c) the reasons for any ruling of law or for the admission or rejection of any evidence,

as may be specified in the direction.

[Subsection (1) amended by section 43(b) of Act No. 16 of 1999]

 

(2) Such reasons shall be furnished within such period as the direction may stipulate, not being less than four days from the date of receipt of the direction by the military court.

[Subsection (2) amended by section 43(b) of Act No. 16 of 1999]

 

(3) The reasons shall be prepared and signed by the full military court: Provided that if all the members are not reasonably available, such member or members as are available shall prepare and sign the reasons, indicating the reason which precluded the other member or members from signing.

[Subsection (3) amended by section 43(b) of Act No. 16 of 1999]

 

(4) An offender shall, if he so requests, be supplied with a copy of any reasons for judgment furnished in terms of this section.