Acts Online
GT Shield

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

Chapter VIII : Registration and Selection of Persons for Allotment to Citizen Force, Commandos, South African Police or South African Railways Police Force

70bis. Powers of exemption board in regard to application for deferment of or exemption from training

 

 

(1) Any board appointed under section 68 which has considered an application in terms of section 69, may, with due regard to any general instructions issued by the Minister of Manpower in consultation with the Minister, grant such application where in its opinion it is justified—
(a) in order to prevent the interruption of the course of full-time educational studies of the person concerned; or

[Paragraph (a) substituted by section 35(a) of Act No. 134 of 1993]

(b) by reason of the nature and extent of such person's domestic obligations or any circumstances connected with any trade, profession or business in which he is engaged; or
(c) on the ground of physical defects, ill-health or mental incapacity on the part of such person; or
(d) on the ground that such person is being compulsorily detained in an institution; or
(e) on any other ground it may deem sufficient:

Provided that—

(i) no application shall be granted except where the board is satisfied that undue hardship would otherwise be caused or that it is in the public interest that the application be granted;
(ii) the board may in its discretion, if it is so satisfied, grant deferment of or exemption from service irrespective of whether or not the application is for such deferment or exemption;
(iii) in the case of a person who has completed the period of service referred to in section 22(3)(a), the board may, instead of granting deferment of or exemption from service for any of the periods of service referred to in section 22(3)(b), direct that he be allotted to the commandos for service in any area referred to in section 66(1);

[Paragraph (iii) substituted by section 13 of Act No. 132 of 1992]

(iv) no deferment shall be granted which shall have the effect of allowing the applicant to commence service or training contemplated in section 22(3)(a), after reaching the age of 27 years.

[Paragraph (iv) added by section 35(b) of Act No. 134 of 1993]

[Subsection (1) amended by section 27(a) of Act No. 103 of 1982]

 

(2) The provisions of this section shall not derogate from the provisions of subparagraph (ii) of paragraph (a) of sub-section (1) of section seventy-four bis.

 

[Section 70bis inserted by section 13 of Act No. 81 of 1964]