Military courts in limbo over unsigned certificates

13 July 2015 - 08:41 By GRAEME HOSKEN

Millions of taxpayers' rands are being squandered as military courts stand idle because the chief of the SA National Defence Force has failed to sign and ratify judges' appointment certificates. Since April, none of the military courts has functioned, leaving hundreds of soldiers, accused of various crimes, in limbo.SANDF spokesman Brigadier-General Xolani Mabanga confirmed that none of the judges' appointments had been ratified.According to the SA National Defence Union, the defence force's 20 judges preside over 1200 trials a year . The cases range from minor offences such as being absent without leave to serious crimes including rape, assault, murder and fraud.The judges' salaries add up to R3.1-million of taxpayers' money for the three months they have not worked.This does not take into account the salaries of military prosecutors, defenders, court clerks and transcribers.The revelation that the military courts are at a standstill follows a scathing UN report last month, which exposed South Africa's peacekeepers as the most accused of sexual misconduct.Among the damning findings were the failure of follow-ups on cases once the peacekeepers had been repatriated home for trial.SANDU secretary-general Pikkie Greeff said: "Soldiers' lives are in limbo because the minister and the commander of the SANDF have failed to do what they should have done months ago."Among the soldiers awaiting trial is an Air Force captain who has been on suspension for about three years.In Cape Town, an army stores clerk is unable to retire, which he was to have begun at the end of last month, because the military will not allow him to leave the defence force until his trial is concluded.Northern Cape lawyer Andries Ngceza said he had eight cases pending because of the failure to appoint judges."The cases are for serious and minor offences. None can progress because there are no judges. It is incredibly frustrating."Our clients have been left hanging for months. No one can tell us when this issue will be resolved."..

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