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Defence Minister Mosiua Lekota says radical transformation is needed within the Military's Justice system.

Addressing the media yesterday at a Parliamentary briefing, the minister said there were serious weaknesses in the system.

'Presiding officers are officers in the National Defence Force, such a court presided over by an officer, violates the principal of equality before the law,' minister Lekota said.

'The perceptions are that there is no fair justice system in the military and so the independence of the Judiciary must receive our very close scrutiny,' he added.

Minister Lekota also mentioned a review of penalties that had been inherited from the previous defence force.

The minister said the penalties should be examined to determine whether they conformed to provisions of the Constitution.

'They must be aligned to the human rights culture of our present dispensation,' he said.

He also mentioned that the grievance procedure of the South African National Defence Force (SANDF) was currently being scrutinized.

'A situation in which junior members of the Defence Force might be left with an impression that there is a smothering of some of their complaints must be eliminated,' minister Lekota said.

He said the department was concerned about location of the Ombudsperson within the SANDF.

The minister said there was an argument that the Ombudsperson should reside within the department, a point on which he disagreed. But the matter was receiving attention.

'I think it is wrong because I think the Ombudsperson ought to be independent of the minister, the Commander of the National Defence Force, the Defence Secretary,' Minister Lekota explained.

The minister said the Ombudsman should be free to do its work, without fear of being victimized.

'If the Ombudsperson was to be part and fall under the minister, I would doubt that the arrangement would enable members of the National Defence Force with an efficient and effective institution, but this matter is receiving attention,' minister Lekota said.