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12. Offences
against the state
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Article 76-Offences
against parliament
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| 76.1 |
Offences against
parliament |
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The offence against parliament is when a member of the armed forces does seek to deliberately overthrow the constitutional power of the parliament through the use of military force, whether or not upon the orders of the executive government. |
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Primary Fact(s) |
| 1. That at a time and place the accused was a member of the armed forces; |
| 2. That the accused did swear an oath to uphold the constitution of African Union; |
| 3. That the actions of the accused contributed to the attempt to overthrow the authority of the parliament and the validity of the constitution in direct contravention of their sworn oath and military honor; |
| 4. That the actions of the accused were done with the knowledge and intent to seek to overthrow the parliament and defy their sworn oath and honor as a member of the armed forces. |
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Penalty Conditions (Level 4-Offence) |
Type |
Condition(s) |
1-3 |
a) if a non-commissioned officer; |
4-6 |
a) if a junior offider |
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Penalty Conditions (Level 5-Offence) |
Type |
Condition(s) |
1-3 |
a) if a junior -general ; |
4-6 |
a) if a senior general; |
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