JOHANNESBURG - A heated debate has erupted over Iran's role in the Will For Peace Exercise.
Defence Minister Angie Motshekga appointed an inquiry panel to investigate, but reports suggest President Cyril Ramaphosa's instructions were ignored.
Constitutional law expert Pierre De Vos warns that this raises a deeper concern about democracy itself.
He says the military should not control decisions meant for elected leaders.
Retired judge Bernard Ngoepe will head the probe.
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The naval exercise took place in Simon's Town in January. The board will investigate whether Ramaphosa's instructions regarding the Islamic Republic of Iran's participation were followed.
But De Vos says this may be unlawful as the Defence Act does not allow people outside the SANDF on its inquiry panels.
“Section 101 of the Defence Act says that such a board of inquiry must consist of members of the Department of Defence. It cannot consist of people who are not in the department. Appointing three judges plus a retired military general means three of the four people on the panel are unlawfully appointed."
In relation to this incident, De Vos says it is unnecessary to have an inquiry as there were few people involved in the matter.
He adds that Ramaphosa, who has final authority over the SANDF, should have had consultation with the implicated members and made a final decision on the matter.
“The inquiry looks like a delaying tactic. They’re going to find out what all of them already know.”
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He added that the incident was indicative of the elected representatives’ difficulty in exercising authority over the SANDF.
“Whether Iran should have been excluded or not is not the issue. The bigger issue is we don’t want the military to tell the elected representative what to do. We didn’t elect the military; we elected the President," De Vos added.