Sabinet Online BookMark Full Page 2 of 204. Defence Amendment Act 87 of 1984

Transcription

1 Sabinet Online BookMark Full Page

2 Sabinet Online BookMark Full Page 2 of 204 Transfer Defence Amendment Act 87 of 1984

5 Sabinet Online BookMark Full Page 5 of 204 notified from time

6 Sabinet Online BookMark Full Page 6 of 204 terrorism* means terroristic activities deleted by s. 1 of Act 103 of 1982.]

7 Sabinet Online BookMark Full Page 7 of 204 Provided that the State President may with the approval, by resolution, of Parliament, by proclamation

8 Sabinet Online BookMark Full Page 8 of 204

9 Sabinet Online BookMark Full Page 9 of 204 including

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14 Sabinet Online BookMark Full Page 14 of 204 (a) the Permanent Force; (b) the Citizen Force; and (c) Commandos.

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19 Sabinet Online BookMark Full Page 19 of 204 (4) Any person enrolled in the Permanent Force shall serve therein until he has been officially discharged therefrom. [Sub-s.

21 Sabinet Online BookMark Full Page 21 of

23 Sabinet Online BookMark Full Page 23 of 204 (b) shall

24 Sabinet Online BookMark Full Page 24 of 204 (2) Service rendered or training undergone which in terms of section 22 (9) is regarded

25 Sabinet Online BookMark Full Page 25 of 204 section 146 (3) render service which shall be completed info)

30 Sabinet Online BookMark Full Page 30 of 204 (1) Every member

35 Sabinet Online BookMark Full Page 35 of 204 therein shall render service which during

36 Sabinet Online BookMark Full Page 36 of 204 [Sub-s. (8) deleted by s. 11 (e) of Act 103 of 1982.] (9) Members of commandos may, subject to the regulations, be permitted to render service

37 Sabinet Online BookMark Full Page 37 of Controlled Reserve (1) Notwithstanding anything

38 Sabinet Online BookMark Full Page 38 of 204 T 1 / [S. 47 substituted by s. 22 of Act 85 of 1967, by s. 13 of Act 103 of 1982 and by s. 25 of Act 87 of 1984 and repealed by s. 19 of Act 134 of 1993.] o [S. 48 substituted by s. 23 of Act 85 of 1967, by s. 14 of Act 103 of 1982 and by s. 26 of

40 Sabinet Online BookMark Full Page 40 of 204 [Sub-s. (2), formerly sub-s. (1A), inserted

41 Sabinet Online BookMark Full Page 41 of 204 such an officer served on him personally, and such letter shall state the date on which and

43 Sabinet Online BookMark Full Page 43 of 204 address, work, profession or occupation and such other information

46 Sabinet Online BookMark Full Page 46 of 204 of which

49 Sabinet Online BookMark Full Page 49 of 204 (3); or (b) in respect of whom there has not been compliance with the provisions

51 Sabinet Online BookMark Full Page 51 of 204 (3) Whenever the registering officer has allotted any person under this section, he may for sufficient reasons re-allot the person or cancel the allotment, and upon such cancellation such person shall

56 Sabinet Online BookMark Full Page 56 of 204 (2) The provisions of this section shall not derogate from the provisions of subparagraph (ii)

67 Sabinet Online BookMark Full Page 67 of 204 (4A) (a) Any person who, for whatever reason, has to perform community service as contemplated in this Act, shall, by the order referred to in subsection (4), also be ordered

68 Sabinet Online BookMark Full Page 68 of 204 circumstances

69 Sabinet Online BookMark Full Page 69 of 204 opinion; (ii)

71 Sabinet Online BookMark Full Page 71 of 204 including meals, obligations with regard

72 Sabinet Online BookMark Full Page 72 of 204 such contraventions

73 Sabinet Online BookMark Full Page 73 of 204 which is to the advantage of conscientious objectors may be made with retrospective effect.

75 Sabinet Online BookMark Full Page 75 of 204 (2) Any conscientious objector referred to in section 72E (3) who has in terms of the said section

76 Sabinet Online BookMark Full Page 76 of 204 (2D) The superintendent of the detention barracks to which any person who has been sentenced for a contravention of subsection (2) (a) 9 is to be admitted or an officer authorized thereto by him, shall give such person the choice to be released as prescribed

79 Sabinet Online BookMark Full Page 79 of 204 (1) 14bis Manpower board

80 Sabinet Online BookMark Full Page 80 of 204 represent the interests of the State, the South African Defence Force, employers and employees. [Sub-s. (2) amended by s. 36 of Act 132 of 1992.] (3) A member of the manpower board or of a committee appointed in terms of subsection (1)

81 Sabinet Online BookMark Full Page 81 of 204 (c) notwithstanding anything contained

82 Sabinet Online BookMark Full Page 82 of 204 execution

83 Sabinet Online BookMark Full Page 83 of 204 hold the rank which he holds in that force; and (b) any other person who is not a member of the South African Defence Force, shall be deemed to hold the equivalent of a rank in the South African Defence Force which the Chief of the South African Defence Force determines, whereafter he shall, for the purposes

85 Sabinet Online BookMark Full Page 85 of 204 exceeding two years, or both such fine and such imprisonment or by way of detention for a period not exceeding two years or by way of confinement to barracks or the performance of extra duties: Provided that

86 Sabinet Online BookMark Full Page 86 of 204 Members of the South African Defence Force, the Reserve, the Cadet Corps or any auxiliary or nursing service established under this Act shall receive such salaries, pay or allowances

89 Sabinet Online BookMark Full Page 89 of 204 that list shall retain

93 Sabinet Online BookMark Full Page 93 of 204 (n) the furnishing by the employers of persons engaged in specified occupations or industries of specified particulars in respect of such persons,

94 Sabinet Online BookMark Full Page 94 of 204 with

97 Sabinet Online BookMark Full Page 97 of 204 Reserve shall be liable for any loss or damage suffered by any person as a result of any bodily injury, loss of life or loss of or damage to property, whether movable or immovable, caused

100 Sabinet Online BookMark Full Page 100 of 204 at such later time as may be determined by such commanding officer either at the place referred

102 Sabinet Online BookMark Full Page 102 of 204 Republic, shall be deemed to be mobilization in terms of section 91 and shall be subject to the provisions of section 91 (2).

106 Sabinet Online BookMark Full Page 106 of 204 and equipment thereon) intended

107 Sabinet Online BookMark Full Page 107 of 204 prevention or suppression of terrorism or for the prevention or suppression of internal disorder in the Republic authorize and appoint officers of the South African Defence Force

108 Sabinet Online BookMark Full Page 1 08

110 Sabinet Online BookMark Full Page 110 of 204 board established under subsection (3). (3) The Minister shall, as often as he may deem it expedient, establish a board, to be known as a compensation board, which shall consider any application referred to it under subsection (2) and make a recommendation to the Minister as to the granting or refusal

112 Sabinet Online BookMark Full Page 112 of 204 for a period not exceeding three months, and, in the case of an offence referred to in paragraph (c) 9 to any punishment that may in law be imposed for perjury. [S. \Q3quat inserted by s. 8 of Act 1 of 1976.] CHAPTER XI DISCIPLINE, LEGAL PROCEDURE AND OFFENCES (ss ) 104 Military Discipline Code

114 Sabinet Online BookMark Full Page 114 of Person tried once only Any person who has been convicted or acquitted of an offence by a military court, and any person to whom the Military Discipline Code applies and who has been convicted or acquitted

115 Sabinet Online BookMark Full Page 115 of 204 The prescribed officer may issue warrants for the detention in any prison or gaol of any member

118 Sabinet Online BookMark Full Page 118 of 204 an offence. (3) Any person who, without due authority, uses as a crest or other distinctive mark, any representation

120 Sabinet Online BookMark Full Page 120 of 204 African Defence Force or any force of a foreign country, calculated to prejudice or embarrass the Government in its foreign relations or

122 Sabinet Online BookMark Full Page 122 of 204 [S. 119 amended by s. 58 of Act 85 of 1967 and substituted by s. 12 of Act 35 of 1977.] 120 Obstructing South African Defence Force Any person who wilfully obstructs or interferes with any portion of the South African Defence Force or of any auxiliary service or voluntary nursing service established under this Act,

128 Sabinet Online BookMark Full Page 128 of 204 law, serve the said remaining portion of his term of imprisonment: Provided further that

130 Sabinet Online BookMark Full Page 130 of B Prohibition regarding membership of trade unions and participation

132 Sabinet Online BookMark Full Page 132 of 204 compliance with the provisions of section 27 (1) or (2), 29 (1), 34 (1),

133 Sabinet Online BookMark Full Page 133 of 204 against him, shall

135 Sabinet Online BookMark Full Page 135 of 204 African Defence Force

139 Sabinet Online BookMark Full Page 139 of 204 or not- (a) any member of the other force shall be treated and shall have over members

140 Sabinet Online BookMark Full Page 140 of 204 Minister otherwise directs, adjourn the inquest and furnish the assistant registrar of births

144 Sabinet Online BookMark Full Page 144 of 204 (3) The Chief of the Defence Force may, if, with regard to the nature of any power, duty

145 Sabinet Online BookMark Full Page 145 of A Payment

149 Sabinet Online BookMark Full Page 149 of 204 (c) that a fund or non-trading institution specified therein existed on 1 November 1958 and that its aims or some of its aims are the acquisition and possession of property for the provision of recreational facilities within the Republic for the benefit of members and ex-members of the South African Defence Force or any headquarters,

151 Sabinet Online BookMark Full Page 151 of 204 I49quat Indemnity [S. I49ter inserted by s. 17 of Act 34 of 1983.]

152 Sabinet Online BookMark Full Page 152 of 204 far as it relates to any force, reserve or service established or any training or service provided for under any such repealed law be construed as if it related to the corresponding force, reserve, service

154 Sabinet Online BookMark Full Page 154 of 204 thirty-five or one hundred and thirty-six; 'board

161 Sabinet Online BookMark Full Page 161 of 204 (b) assaults any sentry or watchkeeper; (c) in any manner whatever prevents a sentry or watchkeeper from doing his duty; or (d) occasions false alarm, shall be guilty of an offence and liable on conviction, if he committed the offence while on service, to imprisonment for a period not exceeding five years, and in any other case to imprisonment for a period not exceeding one year. 12 Dereliction

162 Sabinet Online BookMark Full Page 162 of 204 or beyond the fixed confines of his camp; or (d) Being required

163 Sabinet Online BookMark Full Page 163 of 204 shall or otherwise, thereby rendering such person unfit for service or duty,

164 Sabinet Online BookMark Full Page 164 of 204 shall (b) steals any property belonging to a person subject to this Code; or (c) receives any property referred to in paragraph (a) or (b) knowing it to have been stolen,

166 Sabinet Online BookMark Full Page 166 of 204 such issue the accused was found not to be in possession of such article or property, it shall be presumed unless the contrary is proved, that such article or property was negligently lost

168 Sabinet Online BookMark Full Page 168 of 204 exceeding one year.

172 Sablnet Online BookMark Full Page 172 of 204 hours of such committal an account in writing signed by himself of the offence with which the person so committed is charged, shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding six months. Any person who- 39 Resisting arrest (a) being ordered into arrest, refuses

175 Sabinet Online BookMark Full Page 175 of 204 shall

181 Sabinet Online BookMark Full Page 181 of 204 [Ss. 86 and 87 repealed by s. 43 (a) of Act 16 of 1999.] 88 Alternative verdicts (1) An accused who is charged- (a) with desertion, may be found guilty of having been absent without leave; (b) with having used threatening language

182 Sabinet Online BookMark Full Page 182 of 204 attempted

186 Sabinet Online BookMark Full Page 186 of 204 Any finding, sentence

187 Sabinet Online BookMark Full Page 187 of 204 or premises or portions thereof deemed to be detention barracks under this section, namely- (a) supervision and management; (b) the admission, safe custody and release of offenders and inmates; (c) discipline of the staff, offenders and inmates; (d) the release of offenders on parole or the remission of sentences for good behaviour; (e)

190 Sabinet Online BookMark Full Page 190 of 204 General

191 Sabinet Online BookMark Full Page 191 of 204 (2) Any deductions from the pay of a member of the South African Defence Force made

192 Sabinet Online BookMark Full Page 192 of 204 (j)

193 Sabinet Online BookMark Full Page 193 of 204 (1) Whenever a competent court convicts any person subject to this Code of an offence, other than

194 Sabinet Online BookMark Full Page 194 of 204 (a) that a magistrate's court or a superior court has made an order against a member of the Permanent Force or against any member of the South African Defence Force performing service in defence of the Republic, for the regular payment of a specified amount towards

203 Sabinet Online BookMark Full Page 203 of Defending officer as a witness No defending officer appointed in terms of this Code to defend an accused person shall be competent to give evidence against such person at his trial without the consent