New military justice system to transform discipline in the army
Pini Bothoko | Friday January 30, 2026 13:28
The Botswana Defence Force (BDF) has launched a new Military Justice System aimed at transforming discipline within the force by embedding fairness, accountability and constitutional compliance at the core of its internal governance. Officiating at the launch held recently at the Sir Seretse Khama Barracks (SSKB) auditorium, Chief Justice Gaolapelwe Ketlogetswe said the system represents a major shift from punitive discipline towards a structured, transparent and impartial justice framework aligned with the Constitution of Botswana and the Botswana Defence Force Act of 2018. He said the reform reinforces the principle that discipline in the military must be exercised within the rule of law, adding that fairness and accountability are essential to sustaining public trust and operational professionalism within the defence force. “It is a profound privilege to stand before you today as we witness the formal launch of the military justice system of the BDF. I bring warm greetings from the bench (the High Court) and a single, simple message that ‘the rule of law, fairness and accountability are not optional extras in uniform. They are the very foundations of peace and public trust,” he said. The Chief Justice commended the BDF Commander, General Mpho Mophuting, for his visionary leadership in championing the reforms, noting that the Constitution guarantees fundamental rights, including life, liberty, security, justice and protection of the law, even for those in uniform. He recalled General Mophuting’s acceptance speech during the change-of-command parade, where one of the commander’s strategic priorities was to reform and implement a people-centred military justice system. “Modernisation must be people-centred. Our greatest asset is not machinery; it is the men and women who wear the uniform of the Republic. Justice within the force must be swift, transparent and impartial,” said Justice Ketlogetswe , quoting the Commander. Addressing the theme of the event,‘ Promoting a fair and accountable military justice system, Ketlogetswe said the principle was not merely aspirational but a solemn obligation. He emphasised that justice within the military must mirror the impartiality of civilian courts and ensure due process for all service members, regardless of rank. “Fairness demands transparent procedures, independent adjudication and respect for human rights, even within the principles of discipline and command. Accountability compels all ranks to answer for their actions, fostering a culture where errors are corrected, not concealed,’ he said. He said the system provides safeguards through mechanisms such as petitions, reviews of court-martial proceedings and appeals, including oversight by the High Court, the Court of Appeal and where applicable the President in the exercise of executive powers. Justice Ketlogetswe likened the military justice system to a well-honed shield that upholds discipline while safeguarding individual rights, warning that without fairness it could become oppressive, and without accountability it could erode public trust. “The BDF has long been a beacon of professionalism across Africa. Today, we fortify that legacy by aligning military justice with the Constitution of Botswana and international standards,” he said. He further pledged the full support of the Judiciary in harmonising military and civilian justice systems, adding that the launch marked a revolution in strengthening fairness, accountability and national security. Giving a vote of thanks, Mophuting thanked Ketlogetswe for what he described as a principled and jurisprudentially grounded address, saying it provided authoritative guidance for the implementation of the system. “We draw great encouragement from the unequivocal support and partnership of the Judiciary in this endeavour,” he said. The Commander said the launch marked the culmination of a deliberate reform journey anchored in the enactment of the BDF Act of 2018, which repealed and replaced the 1977 Act to modernise military justice and ensure discipline is administered lawfully and impartially. He noted that institutional reform and the full operationalisation of the military justice system formed part of his five strategic priority areas upon assuming command of the BDF. Mophuting expressed appreciation to former General Officers and senior officers who formed part of the original drafting team of the 2018 Act, saying their foresight laid the foundation for the current system. He also paid tribute to retired Major General Gotsileene Morake, Colonel Lesh Motlhatlhedi and officials from the Attorney General’s Chambers for their technical expertise and inter-institutional collaboration, as well as to retired Lieutenant General Gaolathe Galebotswe and former BDF Commander Placid Segokgo for ensuring continuity of the reform process. He further thanked President and Commander-in-Chief, Advocate Duma Boko for assenting to the Court-Martial Regulations last month, a move that activated the implementation phase of the system. Mophuting also acknowledged the Government of the United States of America for technical assistance during the drafting of the BDF Act and advisory support on ongoing regulatory development. “As we move into the implementation phase, the credibility of this military justice system will be measured by its fair, consistent and impartial application. Continued engagement with the Judiciary and legal fraternity would be key to sustaining public confidence and institutional integrity,” Mophuting said.