Military Courts: Defence and Military Discipline Amendment Bills Tabled

Posted 18 November 2025 Written by Acts Online
Category Safety and Security

Brought to you by SA Legal Academy: The Defence Amendment Bill and the Military Discipline Supplementary Measures Amendment Bill have been tabled in Parliament to address constitutional concerns regarding the independence of military judicial officers.

In terms of the Military Discipline Supplementary Measures Act, No. 16 of 1999, the proposed amendments seek to give effect to a December 2024 Constitutional Court ruling. The ruling focused on the independence of military courts of first instance, specifically the Court of a Military Judge and the Court of a Senior Military Judge. According to parliamentary papers, both Bills were formally tabled on 20 November 2025 following Cabinet approval on 15 October 2025.

The Defence Amendment Bill introduces provisions that explicitly exclude military judges and senior military judges from serving on boards of inquiry. This measure is intended to prevent the blurring of administrative and judicial roles, thereby safeguarding the impartiality of the military bench.

The Military Discipline Supplementary Measures Amendment Bill focuses on the structural requirements for judicial independence, including:

  • Revised procedures for the appointment and assignment of military judges;
  • Provisions for the administrative support of military courts; and
  • Alignment of the 1999 Act with constitutional standards for judicial officers as dictated by the 2024 court order.

Explanatory summaries for both pieces of legislation have been gazetted in anticipation of the parliamentary process. While the full text of the Bills is pending publication, the amendments are expected to significantly alter the disciplinary framework within the South African National Defence Force (SANDF).

Click here to download the Parliamentary Announcement (ATC).

What this means for you, your business, or your clients

  • For yourself: Professional awareness of the evolving separation of powers within the SANDF’s legal framework and the limitations on military judges’ administrative roles.
  • For your business: Legal practices involved in military law or administrative reviews must prepare for revised court procedures and the exclusion of judicial officers from preliminary boards of inquiry.
  • For your clients: SANDF members and personnel subject to military discipline will have access to a court system with strengthened independence, reducing the risk of procedural challenges based on judicial bias.

Originally published at https://legalacademy.co.za/news/read/military-courts-two-amendment-bills-head-to-parliament

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