Military courts in a democratic South Africa: in search of their judicial independence

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dc.contributor.advisorCorder, Hughen_ZA
dc.contributor.authorTshivhase, Aifheli Enosen_ZA
dc.date.accessioned2015-01-06T19:03:07Z
dc.date.available2015-01-06T19:03:07Z
dc.date.issued2012en_ZA
dc.descriptionIncludes bibliographical references.en_ZA
dc.description.abstractThe 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.en_ZA
dc.identifier.apacitationTshivhase, A. E. (2012). <i>Military courts in a democratic South Africa: in search of their judicial independence</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/11662en_ZA
dc.identifier.chicagocitationTshivhase, Aifheli Enos. <i>"Military courts in a democratic South Africa: in search of their judicial independence."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2012. http://hdl.handle.net/11427/11662en_ZA
dc.identifier.citationTshivhase, A. 2012. Military courts in a democratic South Africa: in search of their judicial independence. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Tshivhase, Aifheli Enos AB - 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. DA - 2012 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2012 T1 - Military courts in a democratic South Africa: in search of their judicial independence TI - Military courts in a democratic South Africa: in search of their judicial independence UR - http://hdl.handle.net/11427/11662 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/11662
dc.identifier.vancouvercitationTshivhase AE. Military courts in a democratic South Africa: in search of their judicial independence. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2012 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/11662en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherPublic Lawen_ZA
dc.titleMilitary courts in a democratic South Africa: in search of their judicial independenceen_ZA
dc.typeDoctoral Thesis
dc.type.qualificationlevelDoctoral
dc.type.qualificationnamePhDen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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