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Focus on Boards of Inquiry at Army legal officer refresher training

Simon Osuji by Simon Osuji
August 22, 2024
in Military & Defense
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Refresher training for military legal practitioners.

That Boards of Inquiry (BoIs) are integral and necessary components of proper military administration was evidenced this month by way of military law refresher training conducted by the SA Army Support Formation.

The week-long session from 12 to 16 August came in the wake of Major General Thithuwi Mulaudzi, Formation General Officer Commanding (GOC), identifying the necessity to, as reported by Captain Boipelo Kolokoto, “equip” officers with up to date knowledge of military law. The training focussed on BoIs and challenges faced by legal officers in their units.

Last October/November saw two incidents involving personnel from the landward force component of the SA National Defence Force (SANDF) which led to BoIs. One resulted in four deaths in a Samil 50 crash and the second was a fire at the Combat Training Centre (CTC) which left six dead. BoIs were set up in the immediate aftermath to ascertain and hopefully establish causes in line with recommendations to prevent future similar unplanned events.

More recently – in July – four soldiers died while on duty alongside police in the ongoing Operation Vala Umgodi aimed at curbing illegal mining. The deaths of the soldiers, reportedly on a 24-hour guard duty shift at a disused mine outside Orkney in North West Province, is seemingly laid at the door or carbon monoxide (CO) poisoning inhaled while sheltering from the cold in a shipping container. To date neither SA Army Corporate Communication nor the SANDF Directorate Corporate Communication (DCC) has responded to this publication asking if a BoI has been constituted into the Orkney deaths, what its composition is and how long it has to complete its investigation and report.

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Another BoI seemingly outstanding is that into three SA Navy (SAN) submariner deaths during a VERTREP (vertical replenishment) exercise off Kommetjie in the Western Cape province last September. The last update from SAN Public Relations was in June with the SAS Manthatisi (S101) BoI report said to be with SAN Chief (Vice Admiral Monde Lobese) and Department of Defence (DoD) Legal Services Division.

Legal officers at the Beyers Naude Conference Centre training session were on the receiving end of the relevant legal ins and outs for asset management and procurement as regards BoIs.

Refresher training was provided by five military legal lieutenant colonels whose fields of expertise covered investigation and pre-trials; BoI theory and practice; commanding disciplinary hearings; post-trial and what Kolokoto termed “defence legal matters”.

On conclusion of the training initiative, the officers attending were urged to apply the principles learned; “uphold integrity, fairness and justice” as well to o continue “conducting themselves with honour and distinction”.



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