Synopsis:
The first case (Potsane) is an appeal by the Minister of Defence against judgment and order by Ramphai J in the Free State High Court upholding a constitutional challenge to an aspect of disciplinary proceedings in a military court. The High Court declared some provisions of the Military Discipline Supplementary Measures Act of 1999 to be inconsistent with section 179 and equality clause of the Constitution. The other case (Legal Soldier) is an application for direct access presenting a similar challenge. The challenged provisions were found to be constitutional and appeal by the Minister of Defence accordingly upheld. Application for direct access in Legal Soldier refused-no prospect of success. Kriegler J wrote for unanimous Court.
