Abstract
Challenges of judicial independence facing South African military judges are relatively well known. This article makes concrete suggestions on ways in which certain aspects of the judicial independence of South African military courts could be improved. It particularly argues for the institutionalisation of a military judicial office and for a stronger degree of tenure for South African military judges as part of crafting a suitable model for judicial independence of these courts. The contribution draws inspiration from the idea that there is no single correct formula for achieving the basic requirements of judicial independence. There is therefore a lot of scope to develop different ideas geared to meeting the requirements of judicial independence by military courts. The article is divided into two parts. Part one attempts to make a case for the institutionalisation of a military judicial office while part two makes a proposal for the improvement of security of tenure of military judges taking into account some global trends in this field. Some of the thoughts discussed may find resonance in military justice systems in many parts of the world.
Highlights
Challenges of judicial independence facing South African military judges are relatively well known.[1]
This article has established that a military judicial office is not institutionalised in South Africa because military judges in lower courts are not appointed to a judicial office
This means that a military judicial office is not guaranteed because a judicial function is seen as more of an assignment than an office which is held by the relevant officer
Summary
Challenges of judicial independence facing South African military judges are relatively well known.[1] This article. SECURITY OF TENURE OF MILITARY JUDGES IN SOUTH AFRICA makes concrete suggestions on ways in which certain aspects of the judicial independence of South African military courts could be improved. It argues for the institutionalisation of a military judicial office and for a stronger degree of tenure for South African military judges as part of crafting a suitable model for judicial independence of these courts. There is a lot of scope to develop different ideas geared to meeting the requirements of judicial independence by military courts. Some of the thoughts discussed may find resonance in military justice systems in many parts of the world
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