FOR AUDIO OF HOUSE CHAIRPERSON, MR CEDRIC FROLICK, PLEASE CLICK: https://iono.fm/c/4704

FOR AUDIO OF THE DEFENCE COMMITTEE CHAIRPERSON, MR DAKOTA LEGOETE (presenting the report in NA), PLEASE CLICK: https://iono.fm/c/4704

Parliament, Wednesday, 4 June 2026 – The National Assembly has, during its sitting today, passed the Military Discipline Supplementary Measures Amendment Bill.

The Bill amends the Military Discipline Supplementary Measures Act of 1999 (Act No. 16 of 1999), following the Constitutional Court's judgment in O'Brien N.O. v Minister of Defence, which identified constitutional deficiencies in the legislation governing the military judicial system.

The amendments seek to address these deficiencies by establishing a Military Judicial Advisory Committee and regulating the assignment and removal of military judges and senior military judges in line with constitutional requirements and the Constitutional Court's judgment.

The Portfolio Committee on Defence and Military Veterans considered the Bill after it was referred to Parliament in November 2025 and classified as a section 75 Bill by Parliament's Joint Tagging Mechanism.

As part of Parliament's constitutional obligation to facilitate public participation in the legislative process, the Committee invited submissions from members of the public and interested stakeholders. Nine submissions were received and considered during the Committee's deliberations.

Following detailed clause-by-clause consideration and engagement with legal advisers and the Department of Defence, the Committee adopted the Bill with amendments and recommended that the National Assembly approve it. A copy of the Committee report is available here (from page 3)

The Bill will now be transmitted to the National Council of Provinces (NCOP) for consideration.

In a separate decision, the National Assembly also adopted the Report of the Portfolio Committee on Transport on recommendations regarding candidates for appointment to the Transport Economic Council (TEC), a body established in terms of the Economic Regulation of Transport Act of 2024.

The report follows a request by the Minister of Transport to Parliament to undertake the process prescribed in section 47 of the Act for the appointment of members to the TEC. On 15 September 2025, the Speaker referred a letter from the Minister to the Portfolio Committee on Transport, requesting it to shortlist and interview nominated candidates and recommend suitable candidates for appointment to the Council.

Before the Committee considered the matter, the Minister invited public nominations through a Government Gazette notice and advertisements published in national newspapers. The nomination process yielded 73 applications from suitably qualified candidates.

In accordance with the Act, the Portfolio Committee on Transport was required to shortlist and interview candidates, consult with the relevant National Council of Provinces’ Select Committee, and submit a final list of between nine and eleven recommended candidates to the Minister. Following its consideration of the nominations, the Committee shortlisted 23 candidates and subsequently conducted interviews as part of a comprehensive selection process that included qualification verification and security screening.

The Assembly endorsed the Committee's recommendation that the Minister of Transport consider the appointment of eleven candidates to the Council of the Transport Economic Council. The recommended candidates, listed in preferential order, are Dr Hlengani Jackson Moyana, Mr Percy Manzini, Dr Sean Mfundza Muller, Adv Lavandran Nanda Gopaul, Ms Anchal Baniparsadh, Ms Snenhlanhla Thuleleni Mthembu, Ms Tsakane Zwane (Radebe), Dr Malindi Joy Sundie Neluheni, Dr Bongani Dominic Mqoco, Ms Penelope Anne Beck (Paxton), and Adv Derrick Block. The full copy of the report can be accessed here (from page 3).

ISSUED BY THE PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
Enquiries: Moloto Mothapo, Parliament Spokesperson