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Military courts in a democratic South Africa: in search of their judicial independence
Includes bibliographical references.
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Public Law
2015
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| _version_ | 1867613221079220224 |
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| access_status_str | Open Access |
| author | Tshivhase, Aifheli Enos |
| author2 | Corder, Hugh |
| author_browse | Corder, Hugh Tshivhase, Aifheli Enos |
| author_facet | Corder, Hugh Tshivhase, Aifheli Enos |
| author_sort | Tshivhase, Aifheli Enos |
| collection | Thesis |
| description | Includes bibliographical references. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/11662 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:41.376Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/11662 Military courts in a democratic South Africa: in search of their judicial independence Tshivhase, Aifheli Enos Corder, Hugh Public Law Includes bibliographical references. The new constitutional era in South Africa has brought fresh demands on all institutions of society. The South African military justice system has not been spared. The pressure to transform this system has also been fuelled by a wave of reform of military justice systems in other democratic Commonwealth jurisdictions. In this thesis, I evaluate South African military courts against the basic requirements of judicial independence as interpreted by the Constitutional Court and relevant international bodies. In doing so, I draw on my experience of working in military courts as defence and prosecution counsel respectively in the South African National Defence Force. I conclude that all forums of military justice (including the Commanding Officer’s Disciplinary Hearing) do not meet most requirements for judicial independence. Military judges lack security of tenure; financial security; institutional independence on important administrative aspects; and their institutional impartiality is questionable. I further investigate a suitable model of judicial independence for South African military courts in the democratic era. I propose a new model guided by the following: relevant principles of constitutional and international law relating to judicial independence and the right to a fair trial; emerging foreign trends; and most importantly, military uniqueness and operational effectiveness. 2015-01-06T19:03:07Z 2015-01-06T19:03:07Z 2012 Doctoral Thesis Doctoral PhD http://hdl.handle.net/11427/11662 eng application/pdf Department of Public Law Faculty of Law University of Cape Town |
| spellingShingle | Public Law Tshivhase, Aifheli Enos Military courts in a democratic South Africa: in search of their judicial independence |
| thesis_degree_str | Doctoral |
| title | Military courts in a democratic South Africa: in search of their judicial independence |
| title_full | Military courts in a democratic South Africa: in search of their judicial independence |
| title_fullStr | Military courts in a democratic South Africa: in search of their judicial independence |
| title_full_unstemmed | Military courts in a democratic South Africa: in search of their judicial independence |
| title_short | Military courts in a democratic South Africa: in search of their judicial independence |
| title_sort | military courts in a democratic south africa in search of their judicial independence |
| topic | Public Law |
| url | http://hdl.handle.net/11427/11662 |
| work_keys_str_mv | AT tshivhaseaifhelienos militarycourtsinademocraticsouthafricainsearchoftheirjudicialindependence |