NCOP Calls for Submissions on Defence Amendment Bills

Posted 22 July 2026 Written by Acts Online
Category Parliament

Brought to you by SA Legal Academy: The National Council of Provinces’ (NCOP) Select Committee on Security and Justice has invited public written submissions on the Defence Amendment Bill and the Military Discipline Supplementary Measures Amendment Bill by 7 August 2026.

In terms of parliamentary legislative process, the call for comments follows the passage of both Bills by the National Assembly in June 2026, after their initial tabling in Parliament on 20 November 2025. The primary objective of both draft amendment bills is to give statutory effect to a December 2024 Constitutional Court ruling (commonly referred to as the O’Brien judgment) regarding the judicial independence of military tribunals.

The proposed legislative reforms target military justice structures established under the Military Discipline Supplementary Measures Act, No. 16 of 1999, specifically concerning:

  • The constitutional independence and functioning of the Court of a Military Judge; and
  • The operational framework of the Court of a Senior Military Judge functioning as courts of first instance.

What this means for you, your business, or your clients

  • For yourself: Legal practitioners specializing in constitutional, administrative, or military law have until 7 August 2026 to submit formal written comments on the structural independence and appointment mechanisms of military judges.
  • For your business: Law firms and advocacy practices providing advice to defence personnel or entities operating within the military sector should assess procedural rule changes that may affect future military tribunal litigation.
  • For your clients: Clients serving in the South African National Defence Force or subject to military discipline will be governed by updated tribunal structures designed to align with constitutional standards of judicial independence.

Originally published at https://legalacademy.co.za/news/read/parliament-final-opportunity-for-submissions-on-two-defence-bills

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