Military Courts: Submissions Called for Defence and Military Discipline Amendment Bills

Posted 09 December 2025 Written by Acts Online
Category Parliament

Brought to you by SA Legal Academy: The National Assembly’s Portfolio Committee on Defence and Military Veterans has invited public comment on two Bills designed to align military court independence with Constitutional Court requirements.

In terms of the legislative program of the National Assembly, the Portfolio Committee on Defence and Military Veterans has issued a call for written submissions on the Defence Amendment Bill and the Military Discipline Supplementary Measures Amendment Bill. These Bills were tabled in Parliament on 20 November 2025 as a direct response to the December 2024 Constitutional Court ruling in the *O’Brien* matter.

The primary objective of the proposed legislation is to ensure the institutional independence of military courts, specifically the Court of a Military Judge and the Court of a Senior Military Judge. These courts are established as courts of first instance under the Military Discipline Supplementary Measures Act, No. 16 of 1999. The Constitutional Court previously found that the existing framework did not sufficiently protect the independence of presiding officers from the military executive.

The Defence Amendment Bill and the Military Discipline Supplementary Measures Amendment Bill introduce several key changes to the military justice system, including:

  • Revised procedures for the appointment and tenure of military judicial officers;
  • Enhanced administrative independence for military courts to satisfy the requirements of Section 165 of the Constitution of the Republic of South Africa, 1996; and
  • Structural changes to the reporting lines of military judges to decouple them from the standard military chain of command.

Stakeholders, legal practitioners, and interested parties are invited to submit their written representations to the Committee. The deadline for all submissions is 31 January 2026.

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

  • For yourself: Legal professionals specializing in military or administrative law should review the proposed appointment criteria for military judges to understand the new standards for judicial independence.
  • For your business: Law firms representing members of the South African National Defence Force (SANDF) must prepare for a restructured military court environment where the bench is more strictly insulated from executive influence, potentially affecting litigation strategies in court-martial proceedings.
  • For your clients: Clients within the military service will benefit from enhanced constitutional protections, as the amendments aim to ensure that military trials are conducted before an independent and impartial tribunal.

Originally published at https://legalacademy.co.za/news/read/military-courts-bills-national-assembly-committee-calls-for-submissions

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