(2) Any reference in this Act to—

2. The Minister and any organ of state defined in section 239 of the Constitution, as well as all members of the Defence Force and any auxiliary service and employees, must, in exercising any power or performing any duty in terms of this Act, have regard to the following principles:

3. (1) Unless the context indicates otherwise, this Act applies to—

(2) In the event of any inconsistency between this Act and any other legislation in force at the commencement of this Act other than the Constitution, this Act prevails.

5. The Department of Defence consists of—

6. (1) The civilian secretariat for defence contemplated in section 204 of the Constitution is hereby established as the Defence Secretariat.

(2) Despite section 3(3) of the Public Service Act, 1994 (Proclamation No. 103 of 1994), the Minister may establish, amalgamate or abolish such division, section and subsection in the Secretariat as may be necessary.

(2) The Minister must, subject to the laws governing the public service, appoint such number of persons to posts in the Defence Secretariat as may be necessary.

(3) Despite subsection (2), members of the Defence Force may, with their consent, be placed at the disposal of the Secretary for Defence to serve in posts in the Defence Secretariat.

(4) Any person serving in the Defence Secretariat established by section 7A(1) of the Defence Act, 1957 (Act No. 44 of 1957), immediately before the commencement of this Act must be regarded as having been appointed to a post in the Defence Secretariat in terms of subsection (2) or having been placed at the disposal of the Secretary for Defence as contemplated in subsection (3), as the case may be.

(5) Members of the Defence Force serving in posts in the Defence Secretariat must obey the instructions and directions of civilian superiors in the Defence Secretariat as well as those of superior officers.

7. (1) The President must, subject to the laws governing the public service, appoint a person to the post of Secretary for Defence as head of the Defence Secretariat.

(2) The Secretary for Defence serves in that post for the period and subject to the terms and conditions of service otherwise applicable to heads of department under the laws governing the public service and must receive the salary, benefits and privileges to which such heads of department are entitled.

(3) The Secretary for Defence must be a citizen and may not be a member of the Defence Force.

(4) The Secretary for Defence who immediately before the commencement of this Act served as the Secretary for Defence—

8. The Secretary for Defence—

(iii) the Minister over the Department;

9. (1) The Secretary for Defence may, subject to such conditions as he or she may impose, in writing delegate any power and assign any duty conferred upon him or her in terms of this Act to—

(2) A delegation or assignment under subsection (1) does not prevent the Secretary for Defence from exercising the power in question himself or herself.

10. The Secretary for Defence may instruct—

10. The Secretary for Defence may in respect of any matter concerning his or her capacity as head or accounting officer of the Department—

11. The South African National Defence Force established by section 224(1) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), continues to exist and consists of the—

12. (1) The Defence Force consists of the following Services:

(2) Despite subsection (1), the—

13. (1) The President appoints the Chief of the South African National Defence Force.

(2) The Chief of the Defence Force serves in that capacity for the period and subject to the terms and conditions of service otherwise applicable to heads of department under the laws governing the public service and must receive the salary, benefits and privileges to which such heads of departments are entitled.

(3) The Chief of the Defence Force must be a citizen and must be a member of the Regular Force.

(4) The Chief of the Defence Force who immediately before the commencement of this Act served as the Chief of the Defence Force—

14. Without derogating from any function of the Secretary for Defence contemplated in section 8, the Chief of the Defence Force—

15. (1) The Chief of the Defence Force may, subject to such conditions as he or she may impose, in writing delegate any power conferred upon him or her in terms of this Act—

(2) A delegation under subsection (1) does not prevent the Chief of Defence himself or herself from exercising the power in question.

16. (1) The Minister may establish, and designate for the purpose of support to the Defence Force, such auxiliary service as may be necessary.

(2) The members of an auxiliary service serve for such period as the Minister may determine.

(3) The organisation of and conditions of service in any auxiliary service, including enrolment prerequisites, enrolment, engagement, attestation, discharge, ranks, musterings, leave, duties, discipline, attire and any other matters convenient or necessary for the establishment, control and proper functioning of such auxiliary service are as prescribed.

17. Any auxiliary service in existence immediately before the commencement of this Act continues as an auxiliary service contemplated in section 16 under its existing name and in the way in which it was organised.

18. (1) In addition to the employment of the Defence Force by the President as contemplated in section 201(2) of the Constitution, the President or the Minister may authorise the employment of the Defence Force for service inside the Republic or in international waters, in order to—

(d) effect national-border control.

(2) When the Defence Force is employed for any purpose contemplated in paragraph (a), (b), (c) or (d) of subsection (1), the President or Minister, as the case may be, must inform Parliament promptly and in appropriate detail of the—

(3) If Parliament does not sit during the first seven days after the employment of the Defence Force as contemplated in subsection (2), the President or Minister, as the case may be, must provide the information required in that subsection to the appropriate oversight committee of Parliament on Defence.

(4) If the Defence Force is employed by the President for any purpose contemplated in section 201(2) of the Constitution, the President must also comply with subsection (2)(e).

(5) Parliament may by resolution within seven days after receiving information contemplated in subsection (2) from the President or Minister—

(6) An order contemplated in subsection (5)(b), (c) or (d) does not affect—

(7) (a) If authorisation by the Minister in terms of subsection (1)(a) cannot be obtained in time to avert imminent danger to life, health or property, the Secretary for Defence, with the concurrence of the Chief of the Defence Force, may, in accordance with a standing arrangement delegated by the Minister in this regard, authorise the employment of the National Defence Force for purposes of that subsection.

(b) The Secretary for Defence must inform the Minister as soon as possible of such authorisation and provide the Minister with the information referred to in subsection (2).

(c) The Minister may cancel the authorisation if he or she disagrees, in which case subsection (6) applies with the necessary changes.

(d) If the Minister agrees with the authorisation, subsections (2), (3), (5) and (6) apply with the necessary changes.

19. (1) The Defence Force may be employed in co-operation with the South African Police Service in terms of section 201(2)(a) of the Constitution in the prevention and combating of crime and in the maintenance of public order, within the Republic.

(2) If the employment of the Defence Force in co-operation with the South African Police Service is authorised as contemplated in subsection (1), the Minister must give notice of such employment by notice in the Gazette within twenty-four hours of the commencement of such employment and, upon such employment being discontinued, within twenty-four hours of such discontinuation give notice of the discontinuation by notice in the Gazette.

(3) Service in co-operation with the South African Police Service—

(4) Nothing in this section may be construed as giving a member of the South African Police Service any power to exercise command or control over any member of the South African Defence Force and, conversely, as giving a member of the South African Defence Force any power to exercise command and control over any member of the South African Police Service.

21. In this Chapter a word or expression has the meaning ascribed to it in any appropriate convention and, unless the context indicates otherwise—

22. (1) If requested by a competent Minister, the Chief of the Defence Force, with the concurrence of the Minister of Defence, may authorise the use of any military aircraft of the Defence Force or any warship of the Defence Force or any member of the Defence Force for the purpose of enforcing any provision of South African law at sea.

(2) An officer on board an aircraft or a warship contemplated in subsection (1) may enforce South African law in—

(3) No enforcement outside the territorial waters of the Republic may take place—

(4) An officer of the Defence Force acting in accordance with subsection (2)—

(5) This section does not affect powers contemplated in sections 25, 26, 27 and 28, or any other matters which are within the original and exclusive jurisdiction of the Defence Force.

23. (1) (a) If the Master of a foreign ship in relation to which and on board of which enforcement measures are being taken in accordance with section 22(2)(b) so requests, directly or through any military aircraft or warship authorised in terms of section 22(1), the Department of Foreign Affairs must notify a diplomatic agent or consular officer of the flag state of such ship before any enforcement measures are taken.

(b) The Department of Foreign Affairs or the Defence Force, as the case may be, must, if reasonably possible, facilitate contact between such diplomatic agent or consular officer and the crew of the ship in question.

(c) In a case of emergency or if there is danger that such ship might escape, the notification contemplated in paragraph (a) may be communicated while the enforcement measures are being taken.

(2) In considering whether or in what manner an arrest should be made, due regard must be had to the interests of safe navigation.

24. (1) For purposes of this Act, piracy is—

(2) Any act of piracy committed by the crew of a warship or military aircraft, government ship or government aircraft which has mutinied and taken control of such ship or aircraft, must for purposes of this section be regarded as having been committed by the crew of a private ship or aircraft.

(3) Any person who commits an act of piracy is guilty of an offence, which may be tried in any court in the Republic designated by the Director of Public Prosecutions and, upon conviction, is liable to a fine or to imprisonment for any period, including life imprisonment.

25. (1) An officer of the Defence Force may seize a ship or aircraft and the property on board, and arrest any person on board, in accordance with articles 105 and 107 of UNCLOS.

(2) Any officer of the Defence Force who exercises any power referred to in this section inside or outside the Republic, must be regarded as being a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).

(3) Any ship, aircraft or property seized, or any person arrested, in terms of this section, must as soon as possible be brought to the Republic or to any other authority determined by the Minister of Foreign Affairs, with the concurrence of the Ministers of Defence and of Justice, to be dealt with in accordance with applicable law.

26. (1) Any South African warship may exercise the right of flag verification as provided for in paragraph 2 of article 110 of UNCLOS in the circumstances mentioned in paragraph 1 of that article.

(2) If the suspicion referred to in article 110 of UNCLOS is proved to be well-founded, the ship may be seized and any person who is reasonably suspected of having committed an offence justiciable by a criminal court of the Republic, may be arrested, whereupon such seized ship and any arrested person shall be dealt with in accordance with section 25(3).

27. (1) Any warship or military aircraft of the Defence Force may exercise on behalf of the Republic or on the behalf of a foreign state, the right of hot pursuit of any ship in accordance with article 111 of UNCLOS.

(2) The seizure of a ship and the arrest of any person on board such ship may be effected by any officer of any ship or aircraft which acts in accordance with this section.

(3) An officer of the Defence Force who exercises any power referred to in this section inside or outside the Republic, must be regarded as being a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).

28. (1) Subject to subsection (2), a warship or military aircraft of the Defence Force must—

(2) A warship or military aircraft may only render assistance or proceed to the rescue as contemplated in subsection (1), if—

29. (1) Subject to subsection (2), any officer of the Defence Force serving on a warship or military aircraft of the Defence Force or any other ship or aircraft on government service specially authorised, may, in respect of any violation of the law of a foreign state—

(2) An action contemplated in subsection (1) may only be taken—

(3) Subsections (1) and (2) apply with the necessary changes to enforcement in respect of violations of South African or foreign law by officers of the—

(4) An officer contemplated in subsection (3)(b) must be regarded as being a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), when taking enforcement measures in respect of the violation of any South African law.

30. (1) The Chief of the Defence Force or any person designated by him or her may appoint any member of the Defence Force as a military police official and issue all such members with a prescribed identification card.

(2) A member so appointed must carry the identification card on his or her person when on duty.

31. (1) For purposes of enforcing this Act or any other law, including the common law in so far as it applies to the Department, any member, employee or property of the Department, or to any person, area, land, premises or property under the protection or control of the Department, a military police official may at any time and in any place perform any police function, which includes—

(2) A military police official, when performing any function contemplated in subsection (1)—

(3) For purposes of this section, every statutory provision which confers any power or imposes any duty upon a member of the South African Police Service—

(4) Nothing in this section may be construed as giving a member of the South African Police Service any power to exercise command or control over any military police official and, conversely, as giving a military police official any power to exercise command or control over any member of the South African Police Service.

(5) Section 217 of the Criminal Procedure Act, 1977 (Act No. 57 of 1977), applies with the necessary changes to a confession made to a military police official in the performance of any function contemplated in this section.

(6) (a) Any civilian arrested by a military police official must be handed over to the South African Police Service without delay.

(b) Any person subject to the provisions of the Code and the Military Discipline Supplementary Measures Act, 1999 (Act No. 16 of 1999), must be dealt with in accordance with those provisions.

(7) A military police official who exercises any power referred to in this Chapter must be regarded as being a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).

32. In this Chapter, unless the context indicates otherwise—

33. The Intelligence Division in existence immediately before the commencement of this Act continues as the Intelligence Division of Defence in the way in which it was organised.

34. The Intelligence Division must, subject to the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994), gather, correlate, evaluate and use—

35. The Intelligence Division must co-operate with any other intelligence service or body created by or under any other law.

36. The Intelligence Division must, in accordance with any policy, procedure or norm determined by the Minister and in consultation with the National Intelligence Agency established by section 3 of the Intelligence Services Act, 1994 (Act No. 38 of 1994), conduct and institute counterintelligence measures and activities within—

37. (1) The Minister may prescribe—

(2) A member or employee contemplated in subsection (1)(a) may not be enrolled, appointed or promoted, receive a commission or be retained as a member or employee, unless such member or employee has been issued with the appropriate or provisional grade of security clearance by the Intelligence Division.

(3) No member or employee contemplated in subsection (1)(a) may claim an automatic right by virtue of enrolment, appointment, promotion, receipt of commission or retention to obtain, retain or be issued with a security clearance or any grade of security clearance.

(4) The Intelligence Division must on the instruction of the Secretary for Defence determine whether any security clearance or a specific grade of security clearance should be issued to any member or employee contemplated in subsection (1)(a).

(5) The grade of security clearance issued to a member or employee in terms of subsection (4)—

38. Any member or employee who is deemed unfit for further membership or employment in the Department by reason of not having been issued with a security clearance in terms of subsection (4), may be discharged from the Department by the Minister.

39. (1) The Secretary for Defence must give written notice to every member or employee in respect of whom a determination has been made in terms of section 37(4).

(2) (a) Subject to paragraph (b), the Secretary for Defence must, in writing, furnish every member or employee whose security clearance or particular grade of security clearance has been refused, downgraded or withdrawn with the grounds and reasons for such refusal, downgrading or withdrawal.

(b) No person may reveal any counter-intelligence measure taken, any source of information or the identity of any person involved in the collection or giving of information with regard to a security screening, investigation and evaluation, or alluded to it in a manner which will enable a person to identify it.

(3) No security clearance or specific grade of security clearance may be refused, downgraded or withdrawn without the member or employee who will be affected thereby being afforded reasonable opportunity to present information regarding such matter.

(4) (a) Within 14 days after having received the grounds and reasons contemplated in subsection (2)(a), the member or employee concerned may lodge a written objection against the refusal, downgrading or withdrawal, as the case may be, with the Secretary for Defence and furnish the Secretary for Defence with such written representations, statements and documents as the member or employee deems necessary for a review by the Review Board.

(b) The Secretary for Defence may on application to it in writing by a member or employee extend the period referred to in paragraph (a) by a further period of 14 days.

(c) The Secretary for Defence must upon receipt of any objection contemplated in paragraph (a) forthwith furnish to the Review Board with—

40. (1) The Minister must establish a Personnel Security Review Board consisting of—

(2) The Minister—

(3) A member of the Review Board and an alternate—

41. (1) The Review Board must review any objection referred to it in terms of section 39(4)(c) and may direct the Secretary for Defence to investigate any aspect under review further and to submit its findings and recommendations to the Review Board.

(2) The Review Board may—

(b) set aside such determination and substitute any determination which could have been made by the Secretary for Defence.

(3) Section 39(2) and (3) applies with the necessary changes to any determination made by the Review Board in terms of this section.

(4) The Secretary for Defence must amend or cancel the certificate referred to in section 37(5)(a) so as to reflect the determination made by the Review Board in terms of subsection (2).

42. The Inspector-General of the Department must monitor the personnel structures of, adherence to the law and procedures by and activities of the Intelligence Division.

43. (1) A Council of Defence is hereby established which consists of—

(2) The Council of Defence conducts its business in accordance with such rules and procedures as the Minister may determine.

44. (1) The Council of Defence may be consulted regarding any matter which might affect the functions which the Minister performs in respect of the Department and matters connected therewith.

(2) Any recommendation which has been approved by the Defence Staff Council for submission to the Minister, must be submitted to the Council of Defence for consideration before being referred to the Minister for decision.

(3) The proceedings and decisions taken at meetings of the Council of Defence must be recorded and retained as prescribed.

45. (1) A Defence Staff Council is hereby established which consists of—

(2) The Defence Staff Council must conduct its business in accordance with such rules and procedures as the Minister may determine.

46. The Defence Staff Council must advise the Secretary for Defence and Chief of the Defence Force on any matter within their respective competencies.

47. (1) The Secretary for Defence, the Chief of the Defence Force and any Chief of a Division serving at the Department's Head Office, may establish such other councils as may be necessary.

(2) Any council established under subsection (1) must be constituted by the Defence Staff Council and perform such functions as the Defence Staff Council may determine.

(3) All councils which were in existence immediately before the commencement of this Act must be regarded as having been established under this section.

48. (1) The Minister must establish a Reserve Force Council.

(2) The Minister must appoint no fewer than nine and no more than 18 persons to the Reserve Force Council and must designate one of them as chairperson.

(3) The Council must conduct its business in accordance with a constitution adopted by it and approved by the Minister.

(4) The Council is a consultative and advisory body representing the Reserve Force in order to promote and maintain that Force as an integral part of the Defence Force and must be consulted on any legislative legislation, policy or administrative measures affecting the Reserve Force.

(5) The Minister, Secretary for Defence and Chief of the Defence Force may commission the Council to execute any task or program or to investigate any matter pertaining to the Reserve Force or its interests.

(6) The Council does not have any powers of command.

(7) The Minister may make such regulations regarding the Reserve Force Council as may be required.

49. This Chapter applies to all members of the Defence Force and employees.

50. (1) Subject to the Constitution, the rights of members or employees may be restricted in the manner and to the extent set out in subsections (2) to (7).

(2) To the extent necessary for purposes of military security and safety of members of the Defence Force and employees, such members and employees may from time to time be subjected to—

(3) To the extent necessary for security and the protection of information, members of the Defence Force and employees may be subjected to restrictions in communicating any kind of information, and where appropriate, may be subjected to prohibition of communication of information.

(4) To the extent necessary for military discipline, the right of members of the Regular Force, serving members of the Reserve Force and members of any auxiliary service to peaceful and unarmed assembly, demonstration, picketing and petition may be subjected to such restrictions as may be prescribed.

(5) (a) Entry into, remaining in and movement in and around designated military areas may be restricted to authorised persons and subject to such conditions as may be prescribed.

(b) Members of the Defence Force may, while in service, be required and ordered to serve, move or reside anywhere in the Republic and the rest of the world.

(6) To the extent necessary for national security and for maintaining the Defence Force as a structured and disciplined military force, the rights of members of the Regular Force, serving members of the Reserve Force and members of any auxiliary force to join and participate in the activities of trade unions and other organisations may be subjected to such restrictions as may be prescribed.

(7) To the extent necessary for national security, access to information in the Department may be restricted.

(8) No member of the Regular Force—

51. Unless the contrary appears from the context this Chapter applies to members of the Regular Force and to members of the Reserve Force.

52. (1) The Regular Force consists of persons not younger than 18 years of age and not older than 65 years, whether in a permanent or temporary capacity, and is organised in the manner prescribed.

(2) The terms and conditions of service in the Regular Force as well as the conditions and procedures regarding enrolment, appointment, promotion and transfer, but not remuneration, are as prescribed.

(3) (a) The relevant provisions of any applicable law relating to the granting of pensions and related benefits, as well as any rules and regulations made by in terms of or under those laws apply to members of the Regular Force.

(b) The conditions contemplated in subsection (2) may provide for the payment of gratuities upon discharge to specified categories of members.

(c) Different conditions of service may be prescribed under subsection (2) for members of the Regular Force.

(d) Any member enrolled in the Regular Force must serve therein until he or she has been officially discharged therefrom.

(4) (a) No person may enrol in the Regular Force unless he or she is a citizen.

(b) If a need for a specific service or capacity exists which cannot be filled by any other reasonable means, the Minister may authorise the contracting of a non-citizen in a temporary capacity for a period not exceeding three years, renewable once for periods a period not exceeding three years at a time.

(5) (a) A member of the Regular Force must place the whole of his or her time at the disposal of the State, and may not perform remunerated work or engage himself or herself to perform work outside his or her employment unless prior authority has been obtained from the Secretary for Defence.

(b) The Secretary for Defence may only give such authorisation if he or she is satisfied that there will be no prejudice to the Department.

(6) Should a Regular Force member be granted permission to embark on a separate career while employed in the Defence Force, the interests of the State take precedence when conflict arises between the Defence Force career on the one hand and the other career on the other hand and the member concerned must resign or temporarily vacate his or her position in his or her other career if so directed by the Secretary for Defence.

(7) No member of the Regular Force may—

53. (1) The members of the Defence Force who immediately before the commencement of this Act were serving voluntarily in a component known as the Citizen Force or the Commandos must be regarded as having been enrolled as members of the Reserve Force in terms of this section and all rights, privileges, duties, capacities and legal position not excluded by this Act that applied to them immediately before the commencement of this Act, apply to them for the remainder of the predetermined period of the said voluntary service.

(2) The terms and conditions of service as well as conditions for and procedures regarding enrolment, appointment, promotion, transfer and termination of service, but excluding remuneration, in the Reserve Force must be prescribed.

(3) All benefits and allowances accruing to a member of the Reserve Force, including a travel allowance scheme, must be prescribed.

(4) Any member of the Reserve Force may, on a voluntary basis, render service with or without remuneration in addition to service stipulated in his or her contract of service under such terms and conditions as may be prescribed.

(5) A member of the Reserve Force, while in service, may not—

(6) The Reserve Force is organised, and its members are trained and render service at headquarters, or in services, formations, units, personnel musterings or military training institutions.

(7) Any member of the Reserve Force who wishes to undergo special training which cannot be fitted in within the bounds of normal Reserve Force service, may, if he or she meets the requirements for such training, enter into a specific contract with the Defence Force to undergo such training.

(8) Every member of the Reserve Force must be provided with the basic prescribed uniform, distinctive marks, badges and accoutrements at State expense and must maintain these during his or her period of service.

54. (1) (a) Subject to subsection (2), the President may confer a permanent commission on any member of the Defence Force.

(b) A member upon whom a commission has been conferred must be issued with a Deed of Commission bearing the President’s signature or a replica thereof.

(2) In order to qualify for a permanent commissioned appointment in the Defence Force, a person must—

(3) (a) Only the President may cancel a permanent commission, but such a commission may not be cancelled without the holder thereof being notified in writing of any complaint or charge made against him or her and of any action proposed to be taken in respect thereof, nor without his or her being called upon to show cause in relation thereto.

(b) Where the holder of a permanent commission cannot be traced after a diligent search that is appropriate in the circumstances, the commission may be cancelled without such notification.

(4) The Minister may confer a temporary commission in the Defence Force on any person who is a member or who is eligible to become a member of the Defence Force, if such person complies with the requirements for such appointment and if there is an appropriate post in which such person can serve.

(5) All persons given a temporary commission hold their commissions at the pleasure of the Minister for such period as the Minister determines.

(6) (a) An officer may by notice in writing request to be relieved of his or her commission and any such request takes effect three months after the date upon which it is approved or on such earlier date as may be approved by the Minister.

(b) A former officer is not, in consequence of the withdrawal of his or her commission, exempt from—

(7) The commission of any officer terminates and must be regarded as having been cancelled—

(8) (a) The appointment in the Defence Force of any person whose commission has been cancelled in terms of subsection (7) must be regarded as having been terminated simultaneously with such cancellation.

(b) The appointment in the Defence Force of any person whose commission has been cancelled in terms of subsection (3), terminates on such cancellation if such appointment was made by virtue of the commission conferred, and may be terminated subject to any terms and conditions governing such appointment, but nothing contained in this section may be construed as relieving or exempting such person from liability to render service in terms of this Act.

(9) Officers who have retired from the Defence Force and while still in service held permanent commissions, may retain the use of their rank after they have so retired and are no longer in service, but must append the appellation "Rtd" whenever it is used.

(10) Commissioned officers from other countries who are attached to the Defence Force by means of temporary appointment in terms of this Act are entitled to all privileges bestowed on commissioned officers in the Defence Force by virtue of their rank.

55. (1) Members of the Regular Force and Reserve Force must receive such pay, salaries and entitlements including allowances, disbursements and other benefits in respect of their service, training or duty in terms of this Act as may from time to time be agreed upon in the Military Bargaining Council.

(2) If no agreement contemplated in subsection (1) can be reached in the Military Bargaining Council, the Minister may, after consideration of any advisory report by the Military Arbitration Board and with the approval of the Minister if Finance, determine the pay, salaries and entitlements contemplated in that subsection.

56. (1) For the purposes of this section "member" includes an employee deployed with the Defence Force.

(2) (a) Where a member of the Defence Force has been captured or has gone missing and the member's commanding officer is satisfied that the member's capture or absence arose from the performance of his or her duties while rendering services in terms of this Act, such member must be regarded to be still serving in the Defence Force for all purposes until the day on which he or she again reports for duty or on which his or her death is confirmed or on which a competent court issues an order whereby the death of such person is presumed.

(b) The pay, salary and entitlements accruing to a member during his or her captivity or other absence contemplated in paragraph (a) must be paid to a beneficiary designated by the member concerned.

(c) The Chief of the Defence Force must take the necessary steps to ensure that in respect of every member of the Defence Force there is at all times a record of the particulars of the beneficiary designated by such member for purposes of paragraph (b).

(d) A member of the Defence Force may at any time designate another person in the place of the person designated for purposes of paragraph (b) but must ensure that any change in designation is notified to the Chief of the Defence Force in writing.

(e) Any change in designation becomes valid for purposes of paragraph (b) when it is received by or on behalf of the Chief of the Defence Force.

(3) Subject to the Moratorium Act, 1963 (Act No. 25 of 1963), and any other law relating to the protection of citizens or non-citizens who are in active service on behalf of the Republic, no appropriations, including seizures or attachments, may be made under or by virtue of any writ of execution, garnishee or sequestration order issued against a member of the Defence Force who is employed on active service in time of war or during a state of national defence or in fulfilment of the Republic’s international obligations, except appropriations under or by virtue of a maintenance order issued against the said member.

(4) (a) A member of the Defence Force who, through no misconduct on his or her part, receives sustains a wound or injury or contracts an illness while on military service or undergoing training is, under such conditions and for such period as may be prescribed, entitled to be provided with medical, dental and psychological or other necessary treatment for such wound, injury or illness, notwithstanding that the duration of such treatment may extend beyond that member’s service contract.

(b) A member receiving the treatment referred to in paragraph (a) must receive his or her pay and entitlements on their becoming due and such period of treatment must for all purposes be regarded as duty.

(5) An appropriate death and disability benefit insurance scheme must be negotiated and provided by the Defence Secretariat on behalf of members who must belong to it.

(6) The premiums in respect of such scheme must be recovered directly from the pay or entitlements payable to such members.

57. (1) For the purposes of this section "member" includes an employee deployed with the Defence Force.

(2) Any member or former member of the Defence Force who has suffered any damage or loss as a result of an act or omission arising from any training or service under this Act, whether or not legal proceedings have been or are to be instituted, may in writing apply to the Compensation Board established by subsection (3) for compensation, setting out fully the grounds on which the application is based, the extent and nature of the damage or loss and the compensation desired.

(3) A Compensation Board (hereinafter called the Board) is hereby established whose members must be appointed by the Minister, after consultation with the Minister of Finance and the Minister of Labour, and must receive the emoluments prescribed.

(4) The functions of the Board are to consider any application referred to it and to make recommendations to the Minister, or an officer acting on his or her behalf, as to—

(5) (a) The Board consists of—

(b) The members of the Board hold office for three years at a time or at the pleasure of the Minister for such period as the Minister determines.

(c) The Minister may appoint alternate members to fill in for members who are absent from any meeting of the Board.

(d) At any meeting an alternative member has all the rights and obligations of the member whose place he or she takes.

(e) The quorum of the meeting of the Board consists of the chairperson, or the acting-chairperson, and two other members and any decision of the majority present at any properly constituted meeting is the decision of the Board.

(f) Where the Board consists of more than two members, the chairperson, or the acting-chairperson, has a casting vote in addition to his or her deliberative vote in the event of an equality of votes on any matter.

(6) The Board must adhere to any procedure prescribed.

(7) Any application to the Board must be accompanied by such documents as may be necessary to support the application.

(8) The Board may cause such investigation to be made in connection with the application and in such manner as it may deem necessary in order to enable it to furnish its recommendation.

(9) For purposes of the investigation referred to in subsection (8), the Board may summon witnesses, cause an oath or affirmation to be administered to them, examine them and call for the production of books, documents and objects.

(10) A summons for the attendance of a witness or for the production of any book, document or object before the Board must be signed and issued by the chairperson of the Board in the prescribed form and must be served in the same manner as a summons for the attendance of a witness at a civil trial in a magistrates' court.

(11) Any person who has been summoned to attend any sitting of the Board as a witness or who has given evidence before the Board is entitled to claim expenses incurred as if the summons were one requiring the attendance of such witness at a civil trial in a magistrates' court at the place where the sitting takes place.

(12) In connection with the giving of any evidence or the production of any book or document before the Board, the law relating to privilege as applicable to a witness giving evidence or summoned to produce a book or a document at a civil trial in a magistrates' court applies.

(13) Any person who—

is guilty of an offence and liable on conviction, in the case of an offence referred to in paragraphs (a) or (b), to a fine or to imprisonment for a period not exceeding six months, and in the case of an offence referred to in paragraph (c), to any punishment that may lawfully be imposed for perjury.

(14) (a) The recommendations of the Board in terms of subsection (4) must be referred to the Minister or officer contemplated in that subsection, as the case may be, for a decision on the application.

(b) The Minister or officer concerned must notify the applicant in writing of his or her decision, and cause effect to be given to the said decision.

(15) The Board may after a reasonable time has elapsed or and on the grounds of any new facts presented to it, review any previous recommendation for a greater or lesser amount to be paid in compensation to a member who was duly compensated.

(16) The Department must maintain a secretariat to support the Board, keep appropriate records and handle queries referred to it in connection with any relevant matter pertaining to injury or psychological damage and compensation of members or former members of the Defence Force.

(17) The expenses of the Board and the compensation payments made as a result of the Board's recommendations must be defrayed from money appropriated by Parliament for those purposes.

(18) Any compensation payment in terms of this section is free from taxation on payment to the member or former member concerned.

(19) A member of the Board who is not in the full-time employ of the State must be paid such remuneration and allowances in respect of his or her services as the Minister may determine with the concurrence of the Minister of Finance.

(20) The Board must—

58. (1) Subject to this Act, every person who is contracted to serve in the Defence Force is obliged to serve and remain in service during a time of war, a state of national defence or a state of emergency.

(2) Where a contract of a member of the Defence Force has been terminated, has lapsed or has expired before the outbreak of war or the declaration of the state of national defence or the declaration of the state of emergency, such contract may be renewed by the Minister so that the member may render service in a time of war, during a state of national defence or during a state of emergency, but no such contract may be extended at any one time for a continuous period exceeding three months.

(3) Where a member’s contract terminates, lapses or expires during service in a time of war, during a state of national defence or during a state of emergency, such contract may be extended by the Minister to enable the said member to remain in service for a period of three months.

(4) Nothing in this section may be construed as prohibiting an application for exemption or deferment of service by a member of the Defence Force in terms of this Act.

59. (1) The service of a member of the Regular Force is terminated—

(2) The service of a member of the Regular Force may be terminated in accordance with any applicable regulations—

(3) A member of the Regular Force who absents himself or herself from official duty without the permission of his or her commanding officer for a period exceeding 30 days must be regarded as having been dismissed if he or she is an officer, or discharged if he or she is of another rank, on account of misconduct with effect from the day immediately following his or her last day of attendance at his or her place of duty or the last day of his or her official leave, but the Chief of the Defence Force may on good cause shown, authorise the reinstatement of such member on such conditions as he or she may determine.

(4) The name of a member whose service has been terminated in terms of subsection (1)(a) or (b) or subsection (2)(a) or (b), and who has not voluntarily joined the Reserve Force, must be retained on the personnel list.

(5) A member who is entitled to be discharged in terms of subsection (1)(a), (b) or (c) may not, without the prior consent of the Chief of the Defence Force, be permitted to obtain his or her discharge—

(6) A member contemplated in subsection (1)(a) or (d) who has undergone or who was undergoing education or training at State expense remains liable for the repayment of such money as is repayable in terms of a contractual agreement pertaining to such education or training.

60. (1) For the purposes of this section "member" includes an employee deployed with the Defence Force.

(2) A member of the Defence Force against whom a civil claim or any other action arising from his or her acts or omissions has been instituted is entitled to legal representation at the expense of the State unless it appears that he or she—

(3) Despite the ineligibility of a member for legal representation by reason of any of the grounds listed in subsection (2)(a) to (e), the State Attorney may on the request of the member Department, provide legal representation to him or her such member if the Department State has a material interest in the outcome of the case.

(4) The legal representation contemplated in subsection (2) may only be provided if the member agrees that any costs and expenses incurred by the State Attorney may be recovered from the said member.

61. (1) Any person to whom this Act applies and who is aggrieved by any act or omission of any other person to whom this Act applies, may lodge his or her grievance in writing.

(2) The Minister must prescribe procedures, which must, among other things, specify the expeditious processing of grievances and the chain of command through which individuals and groups within the Department may address individual and collective grievances.

(3) The Minister may perform any act in connection with any grievance which relates to or arises from the employment or the conditions of service of a former member whilst while he or she was a member, if the Minister would, at the relevant time, have been competent in terms of this Act or any other law to perform any such act in respect of the then serving member.

(4) No act contemplated in subsection (3) may be performed after the expiration of a period of two years after the date on which the former member ceased to be a member.

62. The Minister may, subject to section 31 of the Constitution, determine the rules and related policies for religious observance in the Defence Force in consultation with the Chief of the Defence Force.

63. (1) The Minister may establish defence training institutions for purposes of providing instruction and other training for members and employees of the Department.

(2) Any institution established before the commencement of this Act for purposes of providing military instruction and other training, whether under a law hereby repealed or otherwise, must be regarded as being a defence training institution established under this section.

(3) The Minister must ensure that the training of members and employees of the Department promotes the objects of, and is in accordance with, the Constitution and the law, including customary international law and international agreements binding on the Republic.

(4) The training of members is an essential part of force preparation and may encompass instruction at any military or tertiary institution for higher education and learning in the world, as well as practical training which must include physical training, sport, structured recreational activities and military exercises.

(5) The provision and maintenance of training tools and equipment as well as the provision and maintenance of training facilities and opportunities for members of the Defence Force or other forces must be carried out under the direction of the Chief of the Defence Force or a person designated by him or her.

(6) The staff of any defence training institution must be members of the Department designated by the Chief of the Defence Force.

(7) The duration and description of the courses of instruction and training therein, the conditions of admission thereto, the conditions of future service required from persons who have undergone training and all matters relating to good administration and management, control and regulation of any such institution are as prescribed.

64. (1) All members who are under instruction and training at any defence training institution in the Republic are subject to the Code.

(2) For purposes of subsection (1) and for purposes of jurisdiction, prosecution and punishment, a member of another force must be regarded as holding the equivalent of a rank in the Defence Force as determined by the Chief of the Defence Force.

65. (1) Subject to subsections (2) and (3), and the National Environmental Management Act, 1998 (Act No. 107 of 1998), the Minister may, at the request of the Chief of the Defence Force, as and when the exigencies of the training require, designate any area, whether on public or private property, wherein the Defence Force may conduct military exercises.

66. (1) The Minister must establish such number of boards as may be necessary.

(2) The functions of a board are to hear applications by members of the Regular Force or the Reserve Force for their exemption from or the deferment of the whole or any part of their training or service, as the case may be.

(3) (a) A board must consist of no more than three five members appointed by the Minister of whom at least one must be—

(b) The Minister may appoint alternate members to take the place of members who are absent from any meeting of a board, and at any such meeting an alternate member has the same rights and obligations as the member replaced by him or her.

(c) If the Chairperson, or his or her alternate, is absent from a meeting of the board, the members present must elect one of their number to preside at that meeting and that member may during that meeting perform all the functions of the Chairperson.

(d) A quorum at a meeting of a board is constituted by the Chairperson, or the acting-Chairperson, and one member contemplated in paragraph (a)(ii) and one member contemplated in paragraph (a)(iii).

(e) Where the board consists of two members, the Chairperson, or the acting-Chairperson, has a casting vote in addition to his or her deliberative vote The decision of the majority of the members of a board present at a meeting is the decision of the board, and in the event of an equality of votes concerning any matter, the member presiding has a casting vote in addition to his or her deliberative vote.

(4) The Minister may make such rules as may be necessary for regulating the procedure and the conduct of the business of a board.

(5) A member of a board who is not in the full-time employ of the Defence Force or the Public Service must be paid such remuneration and allowances in respect of his or her services as the Minister may determine, with the concurrence of the Minister of Finance.

(6) (a) Subject to paragraph (b), the decision of a board in pursuance of any power or duty conferred or imposed upon it by or under this Act is final, but nothing in this Act may be construed as precluding the applicant from making appropriate representations to a High Court to review the decision and seeking appropriate redress and relief.

(b) A board which has granted or denied the application for exemption from or deferment of training and service may, if it is satisfied that the facts upon which such decision is founded have changed, and after having afforded all interested parties an opportunity of being heard, withdraw or amend its decision with effect from a date determined by a board.

(7) Without prior authority from the Minister Subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), no person may disclose any information obtained in the exercise of his or her powers or the carrying out of his or her duties relating to the deliberations or evidence brought before a board in terms of this Act without prior authority from the Minister.

67. (1) The following persons may apply to a board for exemption from, or deferment of, training or service, namely—

(2) Any application made by or in respect of a person contemplated in subsection (1)(a) must be addressed to and lodged with the Chairperson of the board and any application made by or in respect of a person contemplated in subsection (1)(b) must be addressed to the Chairperson of the board and lodged with the commanding officer of the unit in which the said person is serving.

(3) (a) Every person who has made an application in terms of this section or on whose behalf such application has been made, must at his or her own expense attend at the time and place determined by the board and submit himself or herself to any examination relating to any matter connected with the application.

(b) A person attending as contemplated in paragraph (a), must be paid such reasonable expenses as may be prescribed.

68. (1) A board must carry out such investigations as may be necessary in connection with any application and representations.

(2) A board may sit at any place that is under the control of the Defence Force, for purposes of hearing evidence or for deliberating.

(3) (a) For purposes of ascertaining any matter relating to the subject of an investigation, a board has the power to summon witnesses, to cause an oath or affirmation to be administered to them, to examine them, and to call for the production of books, documents and objects.

(b) A summons for the attendance of a witness or for the production of any book, document or object before a board must be signed and issued by the Chairperson of the board in the prescribed form and must be served in the same manner as a summons for the attendance of a witness at a civil trial in a magistrates' court.

(c) If required to do so by the Chairperson of the board a witness must, before giving evidence, take an oath or make an affirmation administered by the Chairperson of the board or such official of the board as the Chairperson may designate.

(d) Any person who has been summoned to attend any sitting of a board as a witness or who has given evidence before a board is entitled to claim expenses incurred from public funds in accordance with the tariff applicable to a witness in a civil trial in a magistrates' court.

(e) In connection with the giving of any evidence or the production of any book or document before a board, the law relating to privilege as applicable to a witness giving evidence or summonsed to produce a book or a document in a court, applies.

(4) A board may, with due regard to the evidence adduced before it—

(5) A board must give reasons for its decision.

(6) No deferment may be granted which has the effect of forcing the applicant to commence service or training after reaching the age of 50 years.

69. (1) A person is guilty of an offence if, after having been summoned to attend and give evidence or to produce any book, document or object before a board, he or she, without sufficient cause, fails to—

(2) A person is guilty of an offence if he or she, after having been summoned to attend and give evidence before a board, attends but—

(3) Any person convicted of an offence in terms of paragraph (a) or (b) subsection (1) or (2), is liable to a fine or to imprisonment for a period not exceeding five years three months.

(4) Any person who after having been sworn or having made an affirmation, gives false evidence before a board on any matter, knowing such evidence to be false or knowing or not believing it to be true, is guilty of an offence and liable on conviction to any penalty which may be imposed on a person convicted of perjury.

73. The President may institute warrants for decorations and medals which are to be conferred in respect of conduct in peace or conduct during a state of national defence, including war.

74. The Minister, with the approval of the President, must make such rules and regulations as may be necessary in the case of every decoration or medal, for—

75. Persons may be awarded decorations and medals depending on the content of the warrant pertaining to such decoration or medal.

76. The wearing in public of decorations and medals in the prescribed manner by the following categories of persons and on the following apparel, is allowed, namely—

77. (1) South African decorations and medals precede other decorations and medals presented to a member of the Defence Force.

(2) The President must issue an official order of precedence for the wearing of decorations and medals.

(3) Medals presented by any institution other than a state or a head of state may not be worn by members of the Defence Force together with their other medals.

78. Units of the Defence Force may display on parade only prescribed flags, honours, awards and other insignia.

79. Any decoration or medal instituted or recognised prior to the commencement of this Act may, subject to anything to the contrary contained in such honours and the rules for the governance thereof, be awarded, and any authority, sanction, warrant or certification relating to any such decoration or medal may be continued, amended or cancelled by the President.

80. (1) The Minister may do or cause to be done all things which are necessary for the effective defence and protection of the Republic, its territory and its inhabitants.

(2) Without derogating from the generality of subsection (1), the Minister may—

(3) (a) If it is in the public interest, or in the case of an emergency, the Minister, after consultation with the Minister of Finance, may authorise—

(b) Any authorisation contemplated in paragraph (a) may be made subject to such conditions as the Minister may determine.

81. The Minister may in writing delegate any power conferred upon him or her or assign any duty imposed upon him or her by or under this Act to the Secretary for Defence or Chief of the Defence Force, except the power to make regulations and, in the case of the Chief of the Defence Force, the power to employ the Defence Force as contemplated in section 18(1).

82. (1) The Minister may, by notice in the Gazette, make regulations regarding—

(2) Any regulation made in terms of subsection (1)—

(3) Any regulation made under subsection (1) may provide that a contravention of or failure to comply with a regulation is an offence and that any person found guilty of the offence is liable to a fine or to imprisonment for a period not exceeding five years.

83. (1) The Minister may, by notice in the Gazette, designate a mark to be applied to animals, equipment or articles to denote the ownership of the Department or any visiting force in such animals, equipment or articles.

(2) No animal, equipment or article belonging to the Department or to any visiting force which bears a mark contemplated in subsection (1) may be seized or attached by or under any writ of execution which may be issued against any employee of the Department or any visiting force.

(3) The entity known as the Department of Defence Archive Repository which existed immediately prior to the commencement of this Act continues to exist under this Act under the same conditions, and the provisions of the National Archives of South Africa Act, 1996 (Act No. 43 of 1996), apply with the necessary changes, but—

84. (1) Despite anything to the contrary contained in any other law—

(2) The Secretary for Defence may determine that subsection (1)(f) does not apply to any particular member or group of members of the Department, in which case, such toll is payable and such payment must be regarded as being authorised expenditure.

85. (1) Neither the State nor a member or employee is liable (except in the case of any wilful act or omission on the part of a member) to any person who makes unauthorised use of any vehicle, aircraft or vessel under the control of the Department, or to any dependant of such person, for any loss or damage resulting from any bodily injury, loss of life or loss of or damage to property caused by or arising out of or in any way connected with the use of such vehicle, equipment aircraft or vessel.

(2) Neither the State nor a member or employee is liable (except in the case of any wilful act or omission on the part of any such person) to any person—

or to any dependant of such person, for any loss or damage resulting from any bodily injury, loss of life or loss of or damage to property caused by or arising out of or in any way connected with the use of any such vehicle, aircraft or vessel, such other property or such services.

(3) If the State has paid any compensation in respect of a claim by any person for any loss or damage contemplated in subsection (2), the State may, without having obtained any formal cession of the right of action, recover from the person responsible for the loss or damage, the amount paid by way of compensation or any lesser amount determined by the Minister with the concurrence of the Minister of Finance.

86. Whenever the Department—

and the expenditure has been incurred or the payments have been made in circumstances where the member or his or her estate would otherwise have a claim against another person as a result of the bodily injury to or incapacity of the member, the Department shall, without obtaining a formal cession of action, have the same right of recourse against that other person for restitution of the payments made as that member or his or her estate had against such person.

87. No action shall be brought against the State in respect of—

89. The President may, by proclamation in the Gazette, declare a state of national defence contemplated in section 203 of the Constitution if, among other things, the sovereignty or territory of the Republic is—

90. After the declaration of a state of national defence the President may, by proclamation in the Gazette, authorise the mobilisation of persons for service in the Defence Force if it is necessary to supplement the number of serving members.

91. (1) The President may during a state of national defence, and for as long as the proclamation declaring a state of national defence remains in force, by proclamation in the Gazette, make such regulations as are necessary or expedient to deal with any circumstances which have arisen or are likely to arise as a result of the state of national defence and to make adequate provision for terminating the state of national defence.

(2) The regulations contemplated in subsection (1) may include matters regarding—

92. Any agreement between the Government of the Republic and any other State or international institution or organisation regarding the use or provision of military forces must provide for the legal status of—

93. Service in fulfilment of an international obligation which entails participation by any member of the Defence Force in a military force under the control or with the approval of an international body—

94. (1) The Minister may—

(2) (a) Subject to paragraph (b), a member of a force of any other country or international body who is attached temporarily to the Defence Force is subject to the law applying to that portion of the Defence Force to which he or she is attached and must be treated and has the same power of command and punishment over members of the Defence Force as if he or she were a member of that Force of a rank equivalent to that held by him or her as a member of the force of the country or international body from which he or she came.

(b) The President may, by proclamation in the Gazette, direct that in relation to members of a force of any country or international body specified in the proclamation, the laws relating to the Defence Force apply with such exceptions and subject to such adaptations and modifications as may be so specified.

(3) Sections 93 and 95 apply with the necessary changes to any member of the Defence Force placed at the disposal of the military authorities of another country by the Minister—

95. Whenever the service contemplated in section 93 entails members of the Defence Force and any military force under the control of an international body—

96. (1) Whenever members of the Defence Force and any military force of another country are—

(2) For purposes of this section, the Defence Force and any other force must be regarded as serving together or acting in combination whenever the President has by proclamation in the Gazette declared that they are so serving or acting, and the relative rank of members of the Defence Force and of such other force is as designated by such proclamation.

(3) Sections 93 and 95 apply with the necessary changes to any member of the Defence Force who serves or acts as contemplated in subsection (1).

97. (1) (a) Subject to paragraph (b), a military court or other authority of a visiting force may in matters concerning discipline and the internal administration of that force, which may include the administration of the property or the estate of a deceased member of that force, within the Republic exercise all such powers as are conferred upon such court or authority by the law of that country.

(b) No cruel, inhuman or degrading punishment contemplated in section 12(1)(e) of the Constitution may be meted out or administered by a military court or other authority in terms of paragraph (a) while in the Republic.

(2) The laws which are applicable in connection with the powers, immunities and privileges of, and proceedings before, a military court of the Republic are, in so far as they can be applied, applicable also with reference to a military court of a country exercising jurisdiction by virtue of this Act.

(3) For purposes of any legal proceedings in the Republic, where any sentence has been passed by a military court of a visiting force upon any of its members—

(a) that court must be regarded as having been properly constituted;

(4) For purposes of any legal proceedings in the Republic, a certificate under the hand of the officer in command of a visiting force to the effect that—

(5) No proceedings in respect of pay, terms of service or discharge of a member of a visiting force may be entertained by any court of the Republic.

(6) For purposes of enabling the military courts and military authorities of a visiting force to exercise the powers conferred upon them by this section more effectively, the Minister may, if so requested by the officer in command of the visiting force or the applicable government, by general or special orders to the Defence Force direct the arrest of any member of the visiting force alleged to be guilty of an offence against the law of that country and the handing over of the person so arrested to the appropriate authorities of the visiting force.

98. Any law applies with the necessary changes to a visiting force if it A law which—

99. (1) The Code, in relation to a visiting force, Subject to subsection (2), the Code applies to—

(2) (a) No member of a visiting force may be apprehended or dealt with under this section except in compliance with a request from—

(b) A member contemplated in paragraph (a) must be handed over to the authorities of that country at such a place in the Republic as may be agreed upon with the particular government or officer, as the case may be.

(3) For purposes of any proceedings under this section a document purporting to be a certificate under the hand of—

100. (1) Unless the Minister directs otherwise, no inquest may be held as to the cause of death of any deceased person who at the time of his or her death was a member of a visiting force or of a civilian component of such a force.

(2) Whenever a magistrate holding an inquest is satisfied that a person who is subject to the jurisdiction of the military courts of a visiting force is being detained for the purposes of being charged, or has been charged before a court of that country, with an offence arising out of the death which is the subject of the inquest, he or she shall, unless the Minister directs otherwise, adjourn the inquest and furnish the Director-General: Home Affairs with such particulars necessary for the registration of the death as he or she may have ascertained at the inquest up to the time of its adjournment.

(3) (a) No inquest which has been adjourned in terms of subsection (2), may be resumed unless the Minister so directs.

(b) Where an inquest has resumed on the Minister’s directions, the magistrate having jurisdiction must commence the proceedings afresh but may not furnish the Director-General: Home Affairs with any particulars or further particulars for the registration of the death.

(4) Section 20(3) of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992), does not apply in respect of any case where the body of a deceased person who at the time of his or her death was a member of a visiting force or of a civilian component of such a force, is to be buried or cremated at any place outside the Republic except as regards the burial or cremation of the body of a deceased person in relation to whose death an inquest has been held or resumed in pursuance of instructions given by the Minister under subsection (1) or (3).

101. (1) The Minister, the Secretary for Defence or the Chief of the Defence Force may, at any time or place, convene a board of inquiry to inquire into any matter concerning the Department, any employee thereof or any member of the Defence Force or any auxiliary service, any public property or the property or affairs of any institution or any regimental or sports funds of the said Force, and to report thereon or to make a recommendation.

(2) Despite subsection (1), a Chief of a Service or Division may at any time and place convene a board of inquiry to inquire into any matter concerning that Service or Division, as the case may be, or any member or employee, any public property, the property or affairs of any institution or any regimental or sports fund of the said Service or Division, and to report or to make a recommendation thereon.

(2) The Secretary for Defence or the Chief of the Defence Force may delegate his or her power to convene a board of inquiry to any—

(4) A board of inquiry must be convened by means of a written convening order and must consist of so many persons who are in the employ of the Department of Defence as the person convening the board may determine, but where a board is convened by a military officer it must consist of at least one officer and as many warrant officers, non-commissioned officers or civilians who are in the employ of the Department of Defence as the officer convening the board may determine.

(5) Any reference to the president of a board of inquiry must, when a board consists of one person, be construed as a reference to such person.

(6) The convening order must—

(7) Where any matter to be investigated by a board of inquiry is of a secret or confidential nature, the convening order may must state that fact and that the terms of reference will be communicated to the president personally in writing.

(8) The person convening a board of inquiry may appoint a person as secretary to the board and such secretary must perform the duties, including the leading of the evidence heard by the board, that the president of the board may require him or her to perform.

(9) Every board of inquiry must may be conducted in private and each president of a board of inquiry must determine—

(10) (a) The report of a board of inquiry must be dated and signed by every member of the board and submitted without delay, together with the record of proceedings, to the officer who convened the board.

(b) Where any member disagrees with the report, or any finding, conclusion or view expressed by any other member or members on any matter, he or she may as part of the report furnish his or her own report or express his or her own finding, conclusion or view in relation to that matter.

102. (1) The president of any board of inquiry may summon any person in the Republic to attend such board of inquiry and to give evidence thereat.

(2) The president of any board of inquiry may administer the prescribed oath or affirmation to witnesses, interpreters and stenographers at such inquiry.

(3) (a) Any person giving evidence before a board of inquiry may be compelled to answer any question or to produce any article if the president of the board of inquiry so orders.

(b) No incriminating answer or information obtained or incriminating evidence directly or indirectly derived from a question in terms of paragraph (a) is admissible as evidence against the person concerned in criminal proceedings in a court of law or before any body or institution established by or under any law, except in criminal proceedings where the person is arraigned on a charge of perjury or a charge contemplated in section 104(21).

(4) Subject to subsection (5), the evidence of every witness called by a board of inquiry must be given orally and on oath or affirmation and must be recorded by or under the supervision of the president.

(5) A board of enquiry may admit a sworn statement by a witness as evidence where, with due regard to the exigencies of the service—

(6) Where the evidence is of such a nature that it is likely that the findings or recommendations would seriously affect the professional reputation of a person who is subject to the Code or a person who is in the employ of the Department, or that any disciplinary or other legal steps might be taken against such a person—

(7) The president of the board must timeously notify a person contemplated in subsection (6) of the time and place of every such meeting and advise that person of the rights conferred upon him or her by that subsection.

(8) Any person contemplated in subsection (6) may at any stage of the proceedings determined by the board, address the board on the evidence referred to in that subsection and may—

(9) Before the record of proceedings is submitted to the person who convened the board, the relevant findings and recommendations of a board of inquiry must be communicated to each person who is adversely affected by such findings and recommendations and that person has the right to make written representations to the person who convened the board of inquiry within 14 days of receipt of the relevant findings and recommendations.

(10) Subsections (6) and (7) do not apply in relation to any board of inquiry convened under section 103.

103. (1) When any member of the Defence Force has been absent without leave for more than 30 days and is still absent, a board of inquiry must be convened by the commanding officer of the absent member to inquire into such absence.

(2) If a routine inspection reveals any deficiency in the kit, arms and equipment or any public property issued to the person contemplated in subsection (1), the board of enquiry may also inquire into such deficiency.

(3) If the board of inquiry finds that such member has been so absent for more than 30 days and is still so absent, it must record such finding, including the date of the commencement of the absence without leave, and also its finding on any deficiencies of the kit, arms and equipment and any public property issued to him or her and the estimated value thereof.

104. (1) Any employer who unfairly discriminates against any of his or her employees on the grounds that the employee wishes to be or is a voluntary member of the Reserve Force, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding one year.

(2) Any person who marks, defaces or conceals any mark on any equipment, article or animal where such mark denotes the ownership of the Republic or of any visiting force, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years.

(3) Any person who, without the necessary authority, disposes of any article or animal in the possession of the Department, or who through negligence, loses any such article or animal, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding 15 years.

(4) Any person who obstructs, damages, removes, destroys or commits any other act on or against any property used for protecting or safeguarding the Republic, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding 25 years.

(5) Any person who, without authority, possesses, or wears prescribed uniforms, distinctive marks or crests, or performs any prohibited act while wearing such uniform, or with such uniform, distinctive marks or crests is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years.

(6) Any person who, without authority, uses or is responsible for the use of any name, title or any other symbol of the Department, where such use is calculated or likely to lead people to infer that it has been authorised under this Act, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years.

(7) Subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), any person who, without authority, discloses or publishes any information, or is responsible for such disclosure or publication, whether by print, the electronic media, verbally or by gesture, where such information has been classified in terms of this Act, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years.

(8) Any person who, without authority, gains access to the computer systems or computer data bases of the Department, or who, without authority, changes, alters, corrupts, copies or withdraws data from any such systems or data bases, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding 10 25 years.

(9) Any person who falsely represents himself or herself to be a member of the Defence Force or Department, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years.

(10) Any person who obstructs or interferes with the Defence Force in the execution of its duties in terms of this Act or the Constitution, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding 25 years.

(11) Any person who induces or attempts to induce any member of the Defence Force to neglect, or to act in conflict with, his or her duty to the Defence Force, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years.

(12) Any person who is liable to render service in the Defence Force by virtue of a military service contract with the Defence Force, and refuses to render such service, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding one year.

(13) Any person who recruits or attempts to recruit any member of the Regular Force for membership of any trade union other than a military trade union which is duly authorised to act as such, or incites or attempts to incite a member of the Defence Force to participate in strikes, demonstrations or protests, unless otherwise authorised in terms of regulations under this Act prohibited in terms of the regulations, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years.

(14) Any member of the Defence Force or of any auxiliary service who participates in any strike or secondary strike action, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years.

(15) Any member or employee of the Department who, in a wilful or negligent manner, contravenes or fails to comply with any regulation made under this Act, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding one year.

(16) Any person who, without authority, discloses the identity of a covert source of the Department, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding 25 years.

(17) Any person who undermines or stifles, or seeks to undermine or stifle any procedure for the redress of grievances, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years.

(18) Any member of the Defence Force who neglects to inform a prescribed officer of his or her change of address and such other change of particulars as may be prescribed, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding six months.

(19) (a) A person is guilty of an offence if he or she, without proper authority—

(b) Any person convicted of an offence contemplated in paragraph (a) is liable to a fine or imprisonment for a period not exceeding 25 years.

(20) (a) A person is guilty of an offence if he or she—

(b) Any person convicted of an offence contemplated in paragraph (a) is liable to a fine or imprisonment for a period not exceeding three months.

(22) Any person who at any board of inquiry wilfully gives false evidence deliberately misleads the board, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding one year.

(23) (a) A person is guilty of an offence if he or she contravenes or fails to comply with any provision of this Act which is not elsewhere declared to be an offence.

105. (1) Any member of the Defence Force or employee of the Department whose verbal or physical conduct denigrates, humiliates or shows hostility or aversion to any other person on the grounds of that person’s race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth, is guilty of an offence and liable on conviction to imprisonment not exceeding five years.

(2) Where a member or employee of the Department is convicted of any offence and the commission of the offence is accompanied by any offensive behaviour contemplated in subsection (1), such behaviour must be regarded as being an aggravating factor in passing sentence on the accused.

106. (1) Subject to subsections (2), (3) and (4), the laws mentioned in the Schedule are hereby repealed to the extent set out in the third column of that Schedule.

(2) Any regulation or notice issued or appointment made or anything done under the provisions of any law repealed by subsection (1), must be regarded as having been issued, made or done under the corresponding provisions of this Act, and must in so 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 or training established or provided for under this Act.

(3) Any person who at the commencement of this Act is a member of any force, reserve or service established under any such repealed law, must be regarded as having been duly enrolled as a member of the corresponding force, reserve or service established under this Act and as having been assigned to the unit, corps or duties in which he or she is serving at such commencement, and any training undergone or service performed by any such person in any such force, reserve or service prior to such commencement, must be regarded as having been undergone or performed in the corresponding force, reserve or service established under this Act.

(4) For purposes of this section, any force, reserve or service established or training or service provided for under any such repealed law, is deemed to correspond to the force, reserve or service established or training or service provided for under this Act, to which in name, designation or description it most closely corresponds.

(5) A reference in any law to a provision of the Defence Act, 1957 (Act No. 44 of 1957), must be construed as a reference to the corresponding provision of this Act.

107. This Act is called the Defence Act, 2001 2002, and takes effect on a date to be determined by the President by proclamation in the Gazette.