President Ordinary Court Martial and Others v Freedom of Expression Institute and Others

Case Number:
CCT5/99
Citations:
[1999] ZACC 10
Citations:
1999 (4) SA 682 (CC)
Citations:
1999 (11) BCLR 1219 (CC)
Judge:
Langa DP
Hearing Date:
25 May 1999
Judgment Date:
24 August 1999
Case History:
Ordinary Court Martial; Full Bench of Cape of Good Hope High Court declared provisions of Defence Act unconstitutional - to be confirmed by Constitutional Court.
Synopsis:
Appeal against High Court ruling declaring certain provisions of the Defence Act (44 of 1957) and the Disciplinary Code unconstitutional on grounds that the court martial is not independent and impartial, nor was it constituted by legally qualified persons. Court held it unnecessary to decide the order of invalidity. Langa DP for a unanimous Court.
Judgment:
Full judgment

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