Tougher penalties due at BDF
Goitsemodimo Kaelo | Thursday October 26, 2017 15:56
Soldiers will face jail terms for using provoking or “reproachful words or gestures” to others, for fighting and quarrelling, not reporting those who challenge others to a fight, using obscene language to superiors and others.
The new rules are contained in the amended BDF Bill gazetted last week and due to be presented to Parliament by the minister of Defence, Justice and Security, Shaw Kgathi. The amendments provide for maximum sentences of two years after court martial for soldiers engaging in fraternisation.
A recent Court of Appeal case involving two BDF lovers revealed that while the military had a non-fraternisation policy, this was not backed up in its founding Act. The BDF’s non-fraternisation polsicy relates to “personal relationships that contravene the customary bounds of acceptable senior-subordinate interaction”. The new rules also introduce a new section for sexual harassment, which it defines broadly.
“Sexual harassment means any unwanted, unsolicited, or repeated verbal, non-verbal, or sexual advance, sexually derogatory statements or sexually discriminatory remarks made by a person to another which is offensive or objectionable to the recipient, which causes the recipient discomfort or humiliation or which the recipient feels interferers with the performance of his or her job security or prospects or creates a threatening or intimidating work environment,” the amendments read.
Military personnel found guilty after court martial of the offence will be liable to jail terms not exceeding two years.
The Bill also explicitly forbids adultery and those found guilty will be liable to maximum terms of two years. Kgathi said the changes would reflect modernisation with regard to the “ever-changing social, economic, environmental and general military environment”.
“Since its inception in 1977, the BDF has experienced tremendous growth (and) ever-changing essentials of mission requirements,” he said. “This has necessitated the need to review and update the Act.
“The Bill continues the BDF with improved focussed structure and function to be abreast with best military practice.”