Lieutenant Colonel KB O’Brien, a former military judge, repeatedly raised concerns in open military court proceedings about the constitutionality of the system of short, renewable assignments of military judges under the Military Discipline Supplementary Measures Act 16 of 1999 (MDSMA), alleging that it undermined judicial independence. In two criminal matters before him involving substantial delays (S v Mokoena and S v Mabula), he attributed unreasonable delay to the Minister of Defence’s failure to assign military judges and issued wide-ranging orders directing that his rulings and critical comments be served on senior military and executive authorities, including the President, and suggesting possible disciplinary action against them. Following these actions, the Adjutant General convened a Board of Inquiry into his conduct and withdrew his authority to sit as a military judge. O’Brien, together with parties who were not accused in the criminal proceedings, approached the Gauteng Division of the High Court to review and set aside the military judge’s own orders, to challenge delays, and to mount a constitutional challenge to provisions of the Defence Act 42 of 2002 and the MDSMA. The High Court largely dismissed the application but made certain orders. O’Brien appealed to the Supreme Court of Appeal.