Cowardice attracts death penal for soldiers- PAC told
Pini Bothoko | Thursday June 25, 2026 15:29
This was disclosed by BDF Judge Advocate General, retired Major Abel Motaung, when the BDF appeared before the 62nd Public Accounts Committee (PAC) this week.
Motaung was responding to a question from PAC Chairperson Taolo Lucas. Lucas had sought clarification on an earlier statement that members of the military can face the death penalty under the military justice system during times of war.
'Yes, it is very possible. A soldier can be sentenced to death during wartime if they demonstrate cowardice, especially when that cowardice is committed in the eyes of the enemy, to the extent that it compromises the fighting capability of the force or even the republic,' Motaung explained.
Committee members welcomed the clarification, indicating that they were not aware that a soldier could face the ultimate punishment of death for cowardice during war. Lucas further asked Motaung to explain the role, powers and position of the Judge Advocate General within the military structure.
In response, Motaung said the Office of the Judge Advocate General was established as part of reforms to strengthen the military's justice system and enhance its independence from the military command structure.
He explained that the office was established after concerns were raised about potential conflicts of interest and unfairness arising from the close relationship between military commanders and the Administration of Justice.
'The Office of the Judge Advocate General was established to provide the military justice system with a degree of autonomy from command responsibility. The Judge Advocate General is the head of the military justice system,' he said.
Motaung further explained that the military justice system consists of investigators, prosecutors, witnesses and military courts, all operating under the oversight of his office.
He said the system includes court-martials, which function as criminal courts adjudicating offences committed by military personnel. 'The court-martial operates under the oversight of the Judge Advocate General. It has military judges and is a fully-fledged criminal justice system empowered to impose penalties ranging from imprisonment to, in certain circumstances during wartime, the death penalty,' he said.
Apart from overseeing military justice, Motaung said his office is also responsible for providing legal advice to the BDF command. He said the Judge Advocate General advises military leadership on matters relating to administrative law, operational law, procurement and other legal issues affecting the management and administration of the defence force.
'It is in that capacity as the chief legal adviser to the command that I appear before this Committee,' Motaung added.