Statistics Act, 1999
R 385
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 Force72F. Withdrawal or amendment of decision of board for conscientious objection |
(1)
| (a) | If a board appointed in terms of section 72A is of the opinion, as a result of facts becoming available to it, that the facts on which an application for classification as a conscientious objector was granted have possibly changed, it may, after it— |
| (i) | has provided the conscientious objector concerned with a summary of the first-mentioned facts and informed him of its opinion; |
| (ii) | has afforded the officer commanding the unit of such conscientious objector or the person who supervises the conscientious objector at the department, institution, council, board or body where he is performing community service as contemplated in this Act, an opportunity to state his views; and |
| (iii) | has afforded the conscientious objector an opportunity to present his case, orally or in writing, as he may choose, (but without legal representation before the board), |
withdraw its decision with effect from a date determined by the board or amend that decision and classify the conscientious objector into another category of conscientious objectors referred to in section 72D.
| (b) | If any person who has been classified as a conscientious objector informs the board for conscientious objection concerned in a notice signed by him that he no longer belongs to that category of conscientious objectors and that he is prepared to render military service or undergo military training, that decision of the board shall be deemed to have been withdrawn with effect from the date on which the notice was received by the board. |
| (2) | If a decision referred to in subsection (1)— |
| (a) | has been withdrawn or is deemed to have been withdrawn in terms of that subsection, the person in respect of whom that decision applied shall, subject to the provisions of subsection (3), be liable, in addition to any other liability to service in the South African Defence Force in terms of this Act, to render service, if called up to do so, in accordance with the call-up, under section 22 or 44 in the Citizen Force or the commandos, according as to whether such person was in terms of section 67 allotted to the Citizen Force or the commandos; |
| (b) | has been amended in terms of that subsection and the person concerned has been classified into any other category of conscientious objectors referred to in section 72D, the provisions of section 72E which are applicable to such other category shall with effect from the date of such amendment apply in respect of such person. |
| (3) | If any person after and as a result of the withdrawal or amendment in terms of subsection (1) of a decision or the withdrawal of a decision deemed to have been effected in terms of subsection (1), becomes liable to render service in accordance with section 22 or 44, any period of community service as contemplated in this Act performed by such person and any period of detention served by him by virtue of a sentence imposed upon him under section 72I(2)(a), shall for the purposes of sections 22 and 44 be regarded as service as contemplated in those sections, to the extent determined by the Minister. |
| (4) | Anything done under this section or resulting from the application thereof shall not be regarded as non-compliance with or a breach of any condition of parole or a suspended sentence in terms of which the person concerned had to perform community service as contemplated in this Act before the withdrawal or amendment of a decision in terms of subsection (1), or the withdrawal or amendment of a decision deemed to have been effected in terms of subsection (1). |
[Section 72F substituted by section 19 of Act No. 132 of 1992]
