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Defence Act, 1957 (Act No. 44 of 1957)

Chapter XIII : General

145B. Payment of remuneration of member of South African Defence Force who has been taken prisoner of war

 

 

(1) If a member of the South African Defence Force is captured and the Chief of the South African Defence Force is satisfied that his capture arose from the performance of his duties or functions while he was rendering service in terms of this Act, such member shall for purposes of salary or wages and allowances be deemed to be still serving in the South African Defence Force from the first day on which such capture became known until the day on which he again reports for duty or, in the opinion of the Chief of the South African Defence Force, should again have reported for duty, or on which a competent court issues an order whereby the death of such member is presumed: Provided that a member who is captured while serving in terms of section 22(3)(a) of this Act, shall, for the duration of his captivity and for the purpose of salary, wages or allowances, be deemed to be still so serving.

 

(2) The salary or wages and allowances accruing to a member during his captivity contemplated in subsection (1) shall, subject to the provisions of subsection (4), be paid to his spouse or, if he has no spouse, to his other dependants, or to any person who, in the opinion of the Chief of the South African Defence Force, is competent to receive and administer such salary or wages and allowances on behalf of his spouse or such other dependants.

 

(3) Payment of any salary or wages and allowances in terms of subsection (2) shall for all purposes be deemed to be payment thereof to the member concerned, and an amount so paid shall not be recoverable by the State from any person.

 

(4) Notwithstanding the provisions of subsection (2) the Chief of the South African Defence Force may in his discretion direct that only a portion of the salary or wages and allowances of a member be paid in terms of the said subsection or that no portion thereof be so paid.

 

[Section 145B inserted by section 36 of Act No. 103 of 1982]