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This problem is compounded by the fact that the new MDSMA has to some extent taken away the discretion of commanding officers to deal with MDOs at unit level.
The continuous focus on the constitutionality of certain prescriptions of the MDSMA by the private sector and legal fraternity and its related legal processes by the Supreme Court has also created the erroneous belief that any punitive measures instituted by the Department of Defence (DOD) can be overruled.
This substantiates the view that disciplinary offences appear to be on the increase since the promulgation of the new MDSMA. While these figures pertain only to the SAN, it can be presumed that they are at least comparable, if not higher in the other arms of service judging from media reports.
One of the deterrence strategies under the MDSMA is to impose a fine not exceeding R600 in the case of a disciplinary hearing.
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- MDSS II