Parliamentary oversight of the executive plays a key role in ensuring accountability and is therefore central to the system of checks and balances that characterises liberal democracies. After 1994, South Africa aligned itself with liberal democratic ideals and sought to foster accountability in governance. In the South African Parliament, committees are considered the engine rooms of the institution and are central to the oversight process. Members of Parliament serving on these committees also have specific tools at its disposal to conduct oversight. These include deliberations (debates), posing written and oral questions, oversight visits, special inquiries and external audit opinions. By reviewing the use of these tools in relation to defence deployments, this article aims to determine the long-term post-1994 trajectory of parliamentary oversight of deployments. The article uses the timeline between Operation Boleas (Lesotho, 1998) and the ‘Battle of Bangui’ (Central African Republic, 2013), two key post-1994 military deployments, as a demarcation for determining the trajectory of oversight. The article finds a negative trajectory in terms of the oversight of deployments. Committee meetings dedicated to deployments remained limited. Questions around deployments did not fill the vacuum left by a lack of committee activity. Oversight visits to deployment areas were limited while there was a complete dearth of in-depth inquiry into deployments through special inquiries and external audits. The article subsequently notes that the negative trajectory in terms of deployment oversight can not only be explained by the growing civil-military gap in South Africa, but arguably contributed to the widening gap.
{"title":"From Boleas to Bangui: Parliamentary oversight of South African defence deployments","authors":"W. V. Rensburg, F. Vrey, T. Neethling","doi":"10.5787/48-1-1255","DOIUrl":"https://doi.org/10.5787/48-1-1255","url":null,"abstract":"Parliamentary oversight of the executive plays a key role in ensuring accountability and is therefore central to the system of checks and balances that characterises liberal democracies. After 1994, South Africa aligned itself with liberal democratic ideals and sought to foster accountability in governance. In the South African Parliament, committees are considered the engine rooms of the institution and are central to the oversight process. Members of Parliament serving on these committees also have specific tools at its disposal to conduct oversight. These include deliberations (debates), posing written and oral questions, oversight visits, special inquiries and external audit opinions. By reviewing the use of these tools in relation to defence deployments, this article aims to determine the long-term post-1994 trajectory of parliamentary oversight of deployments. The article uses the timeline between Operation Boleas (Lesotho, 1998) and the ‘Battle of Bangui’ (Central African Republic, 2013), two key post-1994 military deployments, as a demarcation for determining the trajectory of oversight. The article finds a negative trajectory in terms of the oversight of deployments. Committee meetings dedicated to deployments remained limited. Questions around deployments did not fill the vacuum left by a lack of committee activity. Oversight visits to deployment areas were limited while there was a complete dearth of in-depth inquiry into deployments through special inquiries and external audits. The article subsequently notes that the negative trajectory in terms of deployment oversight can not only be explained by the growing civil-military gap in South Africa, but arguably contributed to the widening gap.","PeriodicalId":173901,"journal":{"name":"Scientia Militaria: South African Journal of Military Studies","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129496876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In October 2017, South Africa assumed the prestigious chair of the Indian Ocean Rim Association (IORA) for two years. At the time, observers questioned whether this was geared to lead and extract maximum benefit for its members and the country itself. The country’s foreign policy paper of 2011 noted the existence of the Indian Ocean Rim (IOR) but proposed no integrated strategic plans, save to call for a maritime security policy for Africa. The observers did not have to wait long for a response. At the opening of the seventeenth meeting of the IORA Council of Ministers in October, former South African Minister of International Relations and Co-operation, Ms Maite Nkoana-Mashabane, laid out a strategy to promote the Indian Ocean as a zone of peace, stability and development. In doing so, she noted three priorities: maritime safety and security, enhanced disaster risk management, and sustainable and responsible fisheries management. Soon after, tropical Cyclone Idai hit Africa.
{"title":"SOUTH AFRICA’S MARITIME FOREIGN POLICY: A CONCEPTUAL FRAMEWORK","authors":"A. V. Nieuwkerk, C. Manganyi","doi":"10.5787/47-2-1281","DOIUrl":"https://doi.org/10.5787/47-2-1281","url":null,"abstract":"In October 2017, South Africa assumed the prestigious chair of the Indian Ocean Rim Association (IORA) for two years. At the time, observers questioned whether this was geared to lead and extract maximum benefit for its members and the country itself. The country’s foreign policy paper of 2011 noted the existence of the Indian Ocean Rim (IOR) but proposed no integrated strategic plans, save to call for a maritime security policy for Africa. The observers did not have to wait long for a response. At the opening of the seventeenth meeting of the IORA Council of Ministers in October, former South African Minister of International Relations and Co-operation, Ms Maite Nkoana-Mashabane, laid out a strategy to promote the Indian Ocean as a zone of peace, stability and development. In doing so, she noted three priorities: maritime safety and security, enhanced disaster risk management, and sustainable and responsible fisheries management. Soon after, tropical Cyclone Idai hit Africa.","PeriodicalId":173901,"journal":{"name":"Scientia Militaria: South African Journal of Military Studies","volume":"457 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132584817","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
CITATION: Blaine, M. & Nel, M. 2019. South African maritime foreign policy : rethinking the role of the South African Navy. Scientia Militaria, South African Journal of Military Studies, 47(2):107-131, doi:10.5787/47-2-1286.
引用本文:Blaine, M. & Nel, M. 2019。南非海洋外交政策:重新思考南非海军的角色。军事科学，南非军事研究，47(2):107-131,doi:10.5787/ 472-1286。
{"title":"SOUTH AFRICAN MARITIME FOREIGN POLICY: RETHINKING THE ROLE OF THE SOUTH AFRICAN NAVY","authors":"M. Blaine, M. Nel","doi":"10.5787/47-2-1286","DOIUrl":"https://doi.org/10.5787/47-2-1286","url":null,"abstract":"CITATION: Blaine, M. & Nel, M. 2019. South African maritime foreign policy : rethinking the role of the South African Navy. Scientia Militaria, South African Journal of Military Studies, 47(2):107-131, doi:10.5787/47-2-1286.","PeriodicalId":173901,"journal":{"name":"Scientia Militaria: South African Journal of Military Studies","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114878834","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The study of terrain and all its related elements and facets are of crucial importance to the military. Lodi, Smit, and Ayirebi agreed with this statement and added that the importance of terrain was recognised by military leaders more than two thousand years ago.[i] Military operations can occur at any of the three levels of war: tactical, operational and strategic and can be a combat operation or a military operation other than war (MOOTW). Information about the geography empowers a military commander to plan and execute a mission successfully. As technology developed and evolved, geographic information systems (GIS) have come to play a major role in this. Today, a military operation without the use of GIS is unthinkable. In a developing country like the South Africa, however, licenses for proprietary GIS software, vendor-exclusive training and the bureaucracy of the procurement cycle add to the time and costs of a mission. The question arises whether open source software is a feasible alternative. Since the South African National Defence Force was initially trained in the use of proprietary software and it therefore became a strong habit, the perception now exits that FOSSGIS products are neither mature enough nor user-friendly enough to be used in military operations. This study evaluates the use of an open source desktop GIS product, QGIS, in a use case for a military operation “other than war” (MOOTW). QGIS outputs were compared to those produced in ArcGIS, a proprietary desktop GIS product widely used in military operations. The user-friendliness of the two products as well as pricing was also compared. Results show that the QGIS outputs provide the operational commander with equivalent information to successfully plan and execute a mission. This implies that open source GIS is suitable for military operations, especially those with limited budgets and at short notice, such as in the case of disaster relief. [i] Lodi, K., Smit, H. & Ayirebi, G. (2014). Terrain analysis in the course curricula of the South African Army Engineer Corps. Scientia Militaria: South African Journal of Military Studies, 42, 102-121.
{"title":"Is open source GIS feasible in military operations? Evaluation by applying a USE case","authors":"Susan Henrico, S. Coetzee, A. Cooper","doi":"10.5787/48-1-1259","DOIUrl":"https://doi.org/10.5787/48-1-1259","url":null,"abstract":"The study of terrain and all its related elements and facets are of crucial importance to the military. Lodi, Smit, and Ayirebi agreed with this statement and added that the importance of terrain was recognised by military leaders more than two thousand years ago.[i] Military operations can occur at any of the three levels of war: tactical, operational and strategic and can be a combat operation or a military operation other than war (MOOTW). Information about the geography empowers a military commander to plan and execute a mission successfully. As technology developed and evolved, geographic information systems (GIS) have come to play a major role in this. Today, a military operation without the use of GIS is unthinkable. In a developing country like the South Africa, however, licenses for proprietary GIS software, vendor-exclusive training and the bureaucracy of the procurement cycle add to the time and costs of a mission. The question arises whether open source software is a feasible alternative. Since the South African National Defence Force was initially trained in the use of proprietary software and it therefore became a strong habit, the perception now exits that FOSSGIS products are neither mature enough nor user-friendly enough to be used in military operations. This study evaluates the use of an open source desktop GIS product, QGIS, in a use case for a military operation “other than war” (MOOTW). QGIS outputs were compared to those produced in ArcGIS, a proprietary desktop GIS product widely used in military operations. The user-friendliness of the two products as well as pricing was also compared. Results show that the QGIS outputs provide the operational commander with equivalent information to successfully plan and execute a mission. This implies that open source GIS is suitable for military operations, especially those with limited budgets and at short notice, such as in the case of disaster relief. \u0000 \u0000 \u0000[i] Lodi, K., Smit, H. & Ayirebi, G. (2014). Terrain analysis in the course curricula of the South African Army Engineer Corps. Scientia Militaria: South African Journal of Military Studies, 42, 102-121.","PeriodicalId":173901,"journal":{"name":"Scientia Militaria: South African Journal of Military Studies","volume":"135 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134366828","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
There has been limited development in South African military law since the inception of the Union Defence Force in 1912. Military law has mainly evolved as a way to enforce discipline in a force consisting of mostly conscripted members and a historical comparison of the relevant legislation shows no renewal in military justice or its processes in spite of a shift to a new all-volunteer force. Surely the approach towards discipline and military justice should also change. However, the limited development seen since was only brought about when necessitated by Constitutional challenges and external factors. This also seems true for the military law practitioners’ understanding of what military law entails. Generally military law is understood as the criminal law of the soldier, limiting it to the realm of military justice. Considering the expanding role of armed forces internationally, and the secondary roles of its employment, there is a clear need for a broadening of the definition and scope of military law as a discipline. The author argues that there are a number of other disciplines that can be of great assistance in a broadening of our understanding of military law. This article therefore argues that there is a critical need to develop military law as well as our understanding of what is entails. This then requires the development of a legal-academic discourse within the discipline.
{"title":"Military Law practitioners and academic discourse: A Sine Qua Non for developing Military Law","authors":"M. Nel","doi":"10.5787/45-2-1212","DOIUrl":"https://doi.org/10.5787/45-2-1212","url":null,"abstract":"There has been limited development in South African military law since the inception of the Union Defence Force in 1912. Military law has mainly evolved as a way to enforce discipline in a force consisting of mostly conscripted members and a historical comparison of the relevant legislation shows no renewal in military justice or its processes in spite of a shift to a new all-volunteer force. Surely the approach towards discipline and military justice should also change. However, the limited development seen since was only brought about when necessitated by Constitutional challenges and external factors. This also seems true for the military law practitioners’ understanding of what military law entails. Generally military law is understood as the criminal law of the soldier, limiting it to the realm of military justice. Considering the expanding role of armed forces internationally, and the secondary roles of its employment, there is a clear need for a broadening of the definition and scope of military law as a discipline. The author argues that there are a number of other disciplines that can be of great assistance in a broadening of our understanding of military law. This article therefore argues that there is a critical need to develop military law as well as our understanding of what is entails. This then requires the development of a legal-academic discourse within the discipline.","PeriodicalId":173901,"journal":{"name":"Scientia Militaria: South African Journal of Military Studies","volume":"116 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115864058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The opinion piece by Eric Z. Mnisi claiming that national security has been sacrificed at the altar of soldiers’ Constitutional rights to form and join trade unions is a claim often muted, not only in South Africa. In the Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel it is stated that “unionization of military personnel is seen as conflicting with the unique nature of the military and its role in maintaining national security and public order”
Eric Z. Mnisi的一篇评论文章声称，国家安全已经被牺牲在士兵组建和加入工会的宪法权利的祭坛上，这种说法经常被沉默，不仅在南非。在《武装部队人员人权和基本自由手册》中指出，“军事人员的工会被视为与军队的独特性质及其在维护国家安全和公共秩序方面的作用相冲突”。
{"title":"Military trade unions : a threat to national security …. Really?","authors":"L. Heinecken","doi":"10.5787/45-2-1214","DOIUrl":"https://doi.org/10.5787/45-2-1214","url":null,"abstract":"The opinion piece by Eric Z. Mnisi claiming that national security has been sacrificed at the altar of soldiers’ Constitutional rights to form and join trade unions is a claim often muted, not only in South Africa. In the Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel it is stated that “unionization of military personnel is seen as conflicting with the unique nature of the military and its role in maintaining national security and public order”","PeriodicalId":173901,"journal":{"name":"Scientia Militaria: South African Journal of Military Studies","volume":"313 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124053626","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The unionisation of the South African Military Forces has tested both lawyers and our legal system. However, there is very little academic commentary on this important subject. In this article, the policy which allowed the unionisation of the South African military, the impact of the policy on national security, and the reasons why the policy failed are discussed. It is argued that, in the South African context, allowing unions in the Defence Force was a big mistake. Such conduct has sacrificed the country’s national security at the altar of soldiers’ right to form and join labour unions. Unions have polarized the military– their propensity to embark on labour actions to threaten to go to embark on labour actions undermine the country’s national security.
{"title":"National security and the constitutional right to join military trade unions: is constitutional amendment an imperative?","authors":"E. Mnisi","doi":"10.5787/45-2-1213","DOIUrl":"https://doi.org/10.5787/45-2-1213","url":null,"abstract":"The unionisation of the South African Military Forces has tested both lawyers and our legal system. However, there is very little academic commentary on this important subject. In this article, the policy which allowed the unionisation of the South African military, the impact of the policy on national security, and the reasons why the policy failed are discussed. It is argued that, in the South African context, allowing unions in the Defence Force was a big mistake. Such conduct has sacrificed the country’s national security at the altar of soldiers’ right to form and join labour unions. Unions have polarized the military– their propensity to embark on labour actions to threaten to go to embark on labour actions undermine the country’s national security.","PeriodicalId":173901,"journal":{"name":"Scientia Militaria: South African Journal of Military Studies","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129073935","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The key instruments of International Humanitarian Law (IHL), the 1949 Geneva Conventions and the Additional Protocols of 1977, divides armed conflict into two legal categories: international armed conflicts (IAC) or non-international armed conflicts (NIAC). While international armed conflicts are regulated by the whole range of the Geneva Conventions, there is only one single article, common Article 3 to the Geneva Conventions that provides for non-international armed conflicts. The same applies to the Additional Protocols to the Geneva Conventions of 1977. This is concerning, as the bulk of conflicts since 1945 has been non-international in nature. The end of the 20th century saw an increase in internationalized armed conflicts: conflicts that may have started as internal conflicts but due to third state intervention or the scope and magnitude of the conflict, have become something that transcend categorization as internal armed conflicts. These conflicts can either remain NIAC’s or become IAC’s. Depending on the nature of the parties involved one can even have a situation where the rules to both types of conflicts apply simultaneously with dire legal effects for the parties involved. The events of 11 September 2001 and the so-called “war on terror” brought transnational armed conflicts to the foreground: cross-border conflicts that often fall outside the scope of the classic IAC and also fail to meet the requirement for NIAC’s that requires the conflict to take place “within the territory of one of the High Contracting Parties”. After examining the historical background leading up to the classification of armed conflicts as either IAC or NIAC, the article takes a look at recent developments and ask whether the time has not arrived to do away with the Geneva Convention straightjacket for purposes of determining rules applicable to a particular conflict?
{"title":"When history no longer suffice : towards uniform rules for armed conflicts","authors":"Pieter Brits","doi":"10.5787/45-1-1210","DOIUrl":"https://doi.org/10.5787/45-1-1210","url":null,"abstract":"The key instruments of International Humanitarian Law (IHL), the 1949 Geneva Conventions and the Additional Protocols of 1977, divides armed conflict into two legal categories: international armed conflicts (IAC) or non-international armed conflicts (NIAC). While international armed conflicts are regulated by the whole range of the Geneva Conventions, there is only one single article, common Article 3 to the Geneva Conventions that provides for non-international armed conflicts. The same applies to the Additional Protocols to the Geneva Conventions of 1977. This is concerning, as the bulk of conflicts since 1945 has been non-international in nature. The end of the 20th century saw an increase in internationalized armed conflicts: conflicts that may have started as internal conflicts but due to third state intervention or the scope and magnitude of the conflict, have become something that transcend categorization as internal armed conflicts. These conflicts can either remain NIAC’s or become IAC’s. Depending on the nature of the parties involved one can even have a situation where the rules to both types of conflicts apply simultaneously with dire legal effects for the parties involved. The events of 11 September 2001 and the so-called “war on terror” brought transnational armed conflicts to the foreground: cross-border conflicts that often fall outside the scope of the classic IAC and also fail to meet the requirement for NIAC’s that requires the conflict to take place “within the territory of one of the High Contracting Parties”. After examining the historical background leading up to the classification of armed conflicts as either IAC or NIAC, the article takes a look at recent developments and ask whether the time has not arrived to do away with the Geneva Convention straightjacket for purposes of determining rules applicable to a particular conflict?","PeriodicalId":173901,"journal":{"name":"Scientia Militaria: South African Journal of Military Studies","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123759457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Strategic Corporal Revisited: Challenges facing combatants in 21st-Century warfare","authors":"Evert Jordaan","doi":"10.5787/45-2-1215","DOIUrl":"https://doi.org/10.5787/45-2-1215","url":null,"abstract":"","PeriodicalId":173901,"journal":{"name":"Scientia Militaria: South African Journal of Military Studies","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122319588","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The status of military courts within the South African judicial system is uncertain. This uncertainty makes it challenging to determine the acceptable degree of their independence, including determining the acceptable basic financial security of military judges. In Van Rooyen v The State (2002) 5 SA 246 (CC), the Constitutional Court accepted a lower standard of independence in relation to magistrate’s courts than it requires of the High Courts. It did this primarily because the Constitution provides for a hierarchy of courts and, in its view, this justifies the different degrees of independence of the various courts. This article will report on a systematic investigation into the status of military courts within the South African court hierarchy mainly in comparison with magistrate’s courts with the aim of making a recommendation on the appropriate level of remuneration for military judges.
军事法庭在南非司法系统中的地位是不确定的。这种不确定性使确定军事法官可接受的独立程度，包括确定军事法官可接受的基本财政保障具有挑战性。在Van Rooyen诉国家案(2002年)5 SA 246 (CC)中，宪法法院接受了相对于地方法院的较低的独立标准，而不是对高等法院的要求。它这样做主要是因为《宪法》规定了法院的等级制度，在它看来，这证明了不同法院的不同程度的独立是合理的。本文将报告对南非法院等级制度内军事法院地位的系统调查，主要是与地方法院进行比较，目的是就军事法官的适当薪酬水平提出建议。
{"title":"Financial security of military judges in South Africa","authors":"A. E. Tshivhase","doi":"10.5787/45-2-1208","DOIUrl":"https://doi.org/10.5787/45-2-1208","url":null,"abstract":"The status of military courts within the South African judicial system is uncertain. This uncertainty makes it challenging to determine the acceptable degree of their independence, including determining the acceptable basic financial security of military judges. In Van Rooyen v The State (2002) 5 SA 246 (CC), the Constitutional Court accepted a lower standard of independence in relation to magistrate’s courts than it requires of the High Courts. It did this primarily because the Constitution provides for a hierarchy of courts and, in its view, this justifies the different degrees of independence of the various courts. This article will report on a systematic investigation into the status of military courts within the South African court hierarchy mainly in comparison with magistrate’s courts with the aim of making a recommendation on the appropriate level of remuneration for military judges.","PeriodicalId":173901,"journal":{"name":"Scientia Militaria: South African Journal of Military Studies","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130683355","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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