Leashing the dogs of war: the South African National Defence Force under the new constitution

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Periodical article

Title:	Leashing the dogs of war: the South African National Defence Force under the new constitution
Author:	Botha, C.J.
Year:	1993
Periodical:	South African Yearbook of International Law
Volume:	19
Pages:	137-148
Language:	English
Geographic term:	South Africa
Subjects:	constitutions 1993 armed forces
Abstract:	When the Constitution of the Republic of South Africa Act 200 of 1993 came into operation on 27 April 1994, it represented the beginning of a new order in the country. The shift from parliamentary sovereignty to constitutional supremacy and the focus on fundamental human rights will have far-reaching consequences for all South Africans. Some provisions in the new constitution will necessitate large-scale changes in existing attitudes and perceptions for the fledgling South African National Defence Force (SANDF). This article first outlines those sections of the constitution that regulate the powers and functions of the SANDF. Then it looks at public international law in the new constitution, in particular two sections which will have direct implications for the military establishment: sections 227 and 231. These concern the ius ad bellum and international human rights law. Notes, ref.