The Court of Military Appeals

JUDGMENTS OF THE COURT OF MILITARY APPEALS ARE NOW AVAILABLE at the Southern African Legal Information Institute (SAFLII)

?Article by Adv Moru Andries Moekoa

Adv M.A. Moekoa SA Army, DLSD, MLP, LLB (UFS), LLM (UFS), Candidate LLD Student (UNISA)

?The judgements of the South African National Defence Force (SANDF) and Court of Military Appeals (CMA) are now available on the Southern African Legal Information Institute (SAFLII), an online repository of legal information from South Africa. SAFLII aims to promote the rule of law and judicial accountability by publishing legal material for open access in line with the objectives of the global Free Access to Law Movement.

Since the adoption and commencement of the Military Discipline Supplementary Measures Act 16 of 1999 (MDSMA) and the published Government Gazette?19966 of 23 April 1999, the administration of military justice and military courts remain largely unknown and outside the mainstream legal profession in the country.

The MDSMA aims to provide for a new system of military courts with a view to improved enforcement of military discipline and to provide for incidental matters. Section 6 of the Act establishes a military court system consisting of the Court of Military Appeals (CMA), the Court of a Senior Military Judge, the Court of a Military Judge, and the commanding officer's disciplinary hearing. Section 6(3) determines that the CMA is the highest military court in South Africa. Therefore, the CMA hears appeals from military courts of first instance (lower courts), and its decisions are binding on them.

The CMA, in terms of section 7(1)(a)-(b) of the MDSMA, depending on the type of offence being adjudicated, may be composed of civilian judges or retired judges of any division of the High Court of South Africa; or a magistrate or retired magistrate who has held that office for a continuous period of not less than ten (10) years; appropriately qualified officer of the Permanent Force who holds a law degree and has not less than ten (10) years’ experience as a practising advocate or attorney of the High Court of South Africa, or ten (10) years’ experience in the administration of criminal justice or military justice; one person who has experience in exercising command in the field in the conducting of operations.

The judgments of the CMA are vital for several reasons. First, they guide Military Law Practitioners and legal practitioners in interpreting and applying military law. Second, they help to ensure that the law is applied uniformly or that there is consistency in the application of military law across the country. Third, they ensure that military courts will be consistent in their decisions in similar matters. Fourth, they can be used to challenge the decisions of lower military courts, courts of first instance.

The publication of the judgments of the CMA on the SAFLII is significant for several reasons. First, it makes the judgments more accessible to military law practitioners, legal practitioners, presiding officers, the legal fraternity, academia, and the public. The accessibility of these judgments will add value by ensuring that civilian legal practitioners, judges, and magistrates appearing within the military courts can access the law as set out in the CMA judgements or case precedents. Second, it helps to promote transparency and accountability in the administration of the military justice system. Third, it helps to ensure that the judgments of the CMA are used to develop and improve the jurisprudence of military law.

The CMA plays an important role in the South African legal system. Its judgments are essential for ensuring that military law is applied fairly and consistently. The publication of the judgments of the CMA on SAFLII is a valuable resource for military law practitioners, civilian legal practitioners, judges, magistrates, academia, and the public. It helps to promote transparency and accountability in the system of administration of military justice.

In addition to the reasons mentioned above, the publication of the judgments of the CMA on SAFLII also has the following benefits: it helps to educate the public about military law and the role of the CMA; it helps legal practitioners to build their arguments; it helps to identify legal trends; it held to understand the reasoning of the judges; it helps to educate the public about military law; it helps to build public confidence in the military justice system;?and it helps to deter future misconduct by members of the South African National Defence Force (SANDF).

To conclude, the publication of CMA judgments on SAFLII is long overdue and a positive step forward for the SANDF. It will undoubtedly help to develop the?South African legal?system. It will further benefit members of the SANDF, military law practitioners, the military community, civilian legal practitioners (attorneys and advocates), civilian judges and magistrates serving as presiding officers, academia, and the public. These CMA judgments?are a valuable resource for legal professionals and the public. The judgments guide legal professionals on the law and assist in ensuring uniformity in applying the law. Lastly, they can be used to construct legal arguments, identify legal developments, comprehend judicial reasoning, and educate the public about?military?law.