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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

72G. Regulations relating to community service

 

 

(1) The Minister of Manpower may in respect of persons classified in terms of section 72D(1)(a)(iii) as conscientious objectors make regulations relating to—
(a) employment, training, qualifications or obtaining of qualifications at the expense of the department, institution, council, board or body where the community service as contemplated in this Act is performed, unsuitability for service, transfer, duties, powers, classification, grading and, subject to the provisions of section 72E(5)(c), promotion, and any other matter with regard to the service of such persons during the performance of community service as contemplated in this Act, including hours of duty, the performance of overtime duties, leave and special leave with pay;
(b) subject to the provisions of section 72E(5)(c) and subsection (1A) of this section, salaries, wages, leave and sick benefits, subsistence and travel, local, cost of living and other allowances, and the circumstances under which, the manner in which and the beneficiaries to whom such payments shall or may be made, as well as the prohibition of the granting of additional benefits by employers;
(c) occupation of official quarters, the provision of lodging, including meals, obligations with regard to and the conditions of such occupation and lodging, the liability for, or the exemption from liability for, damage or loss arising from or in connection with such occupation and lodging, including the circumstances in which security shall be furnished with respect to such liability;
(d) use of official transport, vehicles, equipment and property, obligations with regard to and the conditions applying to such use, including the training and qualifications required with regard to such use and the obtaining of such qualifications at the expense of the department, institution, council, board or body where the community service as contemplated in this Act is performed, and the furnishing of security in respect of and the granting of exemption from liability for damage or loss arising out of or in connection with such use;
(e) liability of the department, institution, council, board or body where community service as contemplated in this Act is performed, for damage or loss arising out of or connected with such community service and the exemption of the department, institution, council, board or body from such liability;
(f) registration by such persons with any body, board, society, association or similar organization where such registration is in terms of any law or agreement required before the commencement or during the performance of any service to be rendered by such persons during the performance of community service as contemplated in this Act;
(g) the uniform, protective clothing, equipment, tools and other articles to be worn or used by such persons during the performance of community service as contemplated in this Act, allowances therefor and the issue thereof at the expense of the department, institution, council, board or body where such community service is performed and the directions with respect to the use, utilization, care and safe-keeping thereof;
(h) discipline, behaviour and conduct of such persons during the period of performance of community service as contemplated in this Act, the extent to which such persons may during that period take part in political activities, in general or in a particular case, the investigation of alleged disciplinary contraventions, the nature of such contraventions and the authority which shall hold such investigation, the procedure to be followed by it, and the disciplinary steps which may be taken by it against persons who have committed such disciplinary contraventions, including the imposition of a fine not exceeding R50, and the recovery thereof by deduction from the remuneration of the persons concerned;
(i) the application of any law to community service as contemplated in this Act or to any matter in connection therewith, including injuries and temporary or permanent disability sustained in any manner by persons while performing such community service and including the provision to them of medicine and prosthesis at State expense and their medical, dental and hospital treatment at State expense at institutions or by medical practitioners or para-medical practitioners designated by their employers, for illnesses and injuries contracted or sustained during and arising from their said community service;
(j) all matters in connection with community service as contemplated in this Act, which in terms of this Act shall or may be prescribed;
(k) generally, all matters which he may deem necessary or expedient to prescribe in order to achieve the aims of this section, and such regulations may prescribe an authority as well as the powers of such authority to amend the provisions of such regulations with regard to any such person or category of such persons.

 

(1A) Regulations made in terms of subsection (1)(b) shall not provide for salaries, wages, benefits and allowances which are more favourable than those which are enjoyed by persons who serve in that part of the South African Defence Force and during that period of service in which or during which the conscientious objector concerned would have served if it had not been for his classification as a conscientious objector.

 

(2) Without derogating from the provisions of subsection (1)(h), regulations made under subsection (1) may prescribe in respect of a contravention thereof or failure to comply therewith, a penalty of a fine not exceeding R500 or imprisonment for a period not exceeding six months or both such fine and such imprisonment.

 

(3) Notwithstanding anything to the contrary in any law contained, such a regulation  which is to the advantage of conscientious objectors may be made with retrospective effect.

 

[Section 72G substituted by section 20 of Act No. 132 of 1992]