| (a) |
grant such application and classify the applicant— |
| (i) |
as a conscientious objector with whose conscientious convictions it is in conflict to render service in a combatant capacity in any or a particular armed force; |
| (ii) |
as a conscientious objector with whose conscientious convictions it is in conflict to render service in a combatant capacity in any or a particular armed force, to perform maintenance tasks of a combatant nature therein and to be clothed in a military uniform; or |
| (iii) |
as a conscientious objector with whose conscientious convictions it is in conflict to render the military service or to undergo the military training which he has been called up to render or to undergo as contemplated in section 72B(1); |
| (b) |
classify the applicant in a category referred to in subsection (1)(a), other than that for which application is made, if such other classification is justified; or |
| (c) |
refuse the application. |
| (1A) |
No application shall be granted as contemplated in subsection (1)(a), unless the board is also satisfied that— |
| (a) |
the applicant has conscientious objection to render military service or undergo military training under this Act; |
| (b) |
the conscientious objection is based on moral, ethical or religious grounds and corresponds to the particulars thereanent in the application of the applicant; |
| (c) |
the applicant's conscientious objection is sincere and deep-rooted; and |
| (d) |
the applicant's conscience does not permit him conduct, or support for conduct, which is in conflict with the reasons and grounds for his application and that he condemns crime and the pursuit or furtherance of any form of criminal violence and anarchy in or against any community or person. |
(2)
| (a) |
If the board has refused an application in terms of this section, but is of the opinion that it is an application which should be considered by an exemption board referred to in section 68, the board may refer that application, together with such recommendation as it may deem fit, to an exemption board. |
| (b) |
The exemption board shall consider such application as if it were an application made to it in terms of section 69. |
(3)
| (a) |
If the board classifies an applicant in terms of this section as a conscientious objector, but is of the opinion that the liability imposed by section 72E upon a person thus classified should be deferred, the board may refer the application, its decision thereon, and its recommendation relating to the granting of such postponement, to an exemption board referred to in section 68. |
| (b) |
The exemption board shall deal with an application referred to it in terms of paragraph (a) as if it were an application in terms of section 69 and may, if any circumstance contemplated in paragraph (b), (c) or (d) of section 70bis(1) is present, grant such deferment of the liability in question as it may grant in respect of an application referred to in section 69. |
| (4) |
Any person who, at the time of his classification as a conscientious objector in terms of subsection (1)(a)(ii) or (iii)— |
| (a) |
is an officer, shall be regarded as having his commission terminated and cancelled on the date of such classification; |
| (b) |
is a warrant officer or non-commissioned officer, shall be regarded as having been reduced to the ranks on the date of such classification. |
| (5) |
[Subsection (5) deleted by section 16 of Act No. 88 of 1996] |
[Section 72D substituted by section 17 of Act No. 132 of 1992]
Older Persons Act, 2006
