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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Military Discipline Supplementary Measures Act, No. 16 of 1999

Long title


To provide for a new system of military courts with a view to improved enforcement of military discipline; and to provide for incidental matters.

Table of contents

SECTION TITLE

ARRANGEMENT OF SECTIONS
1.  Definitions

CHAPTER 1. APPLICATION OF ACT
2.  Objects of Act
3.  Application of Act
4.  Conflict with other acts
5.  Extra-territorial application

CHAPTER 2. MILITARY COURTS AND DISCIPLINARY FORUMS
6.  Establishment of military court system
7.  Composition and jurisdiction of Court of Military Appeals
8.  Powers of Court of Military Appeals
9.  Composition and jurisdiction of Court of Senior Military Judge
10.  Composition and jurisdiction of Court of Military Judge
11.  Jurisdiction of commanding officer
12.  Penalties

CHAPTER 3. FUNCTIONS, SYSTEMS, STAFF, DIRECTION, CONTROL AND ACCOUNTABILITY OF MILITARY LEGAL SERVICES
13.  Assignment of functions
14.  Minister’s powers in respect of assignment
15.  Period of assignment
16.  Members to be assigned
17.  Removal from assignment
18.  Oath or affirmation
19.  General duties of military judges and senior military judges
20. Military assessors
21.  General duties of prosecution and defence counsel
22.  Functions, direction and control of military prosecution authority
23.  Right to legal representation
24.  Functions, direction and control of military legal defence counsel authority
25.  Right to review of trial
26.  Functions, direction and control of military review authority
27.  Appointment of Adjutant General
28.  Functions of Adjutant General

CHAPTER 4. PRE-TRIAL PROCEDURES
29. Arraignment
30. Preliminary investigations
31. Confinement of arrested persons
32. Trial scheduling and notification of trial dates and charges

CHAPTER 5. TRIAL PROCEDURES
33. Trial procedures

CHAPTER 6. POST-TRIAL PROCEDURES
34. Appeal and review
35. Promulgation
36. Bringing into operation of suspended sentences after trial
37. Warrants of committal or release

CHAPTER 7. GENERAL PROVISIONS
38. Privilege
39. Language
40. Administration
41. Delegation of powers
42. Suspension awaiting trial or appeal
43. Repeal and amendment of laws
44. Transitional provisions
45. Short title and commencement
Sch.1. SCHEDULE 1. REPEALED PROVISIONS (SECTION 43(a))
Sch.2. AMENDMENT OF LAWS (SECTION 43(b))

Legislation Text Access Point

Versions
[To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.]
Access Official Gazette PDF  Request Subscription Fee Subscriber Access
As unamended Act 1999_016_000_19990421 EXT.LINK REQ.INFO LINK
As amended by Act 2002_027_000_20020718  N/A REQ.INFO LINK
As amended by Act 2007_032_000_20071214  N/A REQ.INFO LINK
As amended by ...N/A REQ.INFO LINK

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