| (1) |
[Subsection (1) deleted] |
| (2) |
Any conscientious objector referred to in section 72E(3) who has in terms of the said section 72E(3) to perform community service as contemplated in this Act by reason of his classification as such a conscientious objector and who, when ordered to do so— |
| (a) |
refuses or fails to perform such community service shall be guilty of an offence and shall, notwithstanding anything to the contrary in any other law contained, on conviction be sentenced to detention for a period which is equal to the period of community service which he still had to perform at the time of such refusal or failure. |
| (b) |
[Paragraph (b) deleted] |
| (2A) |
Any person who, for whatever reason, is liable to perform community service as contemplated in this Act and, when ordered to perform it, fails (under circumstances where his conduct does not constitute an offence in terms of subsection (2)(a), or does not constitute a breach of any condition subject to which the operation of his sentence may have been suspended, or does not constitute a breach of the conditions of parole for the release of such person from a detention barracks where he had to serve a sentence of detention) to report therefor on the date and at the time and place mentioned in the order for the commencement of such community service, shall be guilty of an offence and liable on conviction to a fine not exceeding R600 or imprisonment for a period not exceeding six months or to both such fine and such imprisonment. |
| (2B) |
Any person who, for whatever reason, performs community service as contemplated in this Act, and refuses or fails or omits (under circumstances where his conduct does not constitute an offence in terms of subsection (2)(a), or does not constitute a breach of any condition subject to which the operation of his sentence may have been suspended, or does not constitute a breach of the conditions of parole for the release of such person from a detention barracks where he had to serve a sentence of detention) to comply with a lawful order, instruction or duty in connection with such community service, shall be guilty of an offence and liable on conviction to a fine not exceeding R600 or imprisonment for a period not exceeding six months or to both such fine and such imprisonment. |
| (2C) |
Imprisonment served by a conscientious objector pursuant to a sentence referred to in subsection (2A) or (2B) while he should have performed community service as contemplated in this Act, shall not be regarded as such community service, and the period of such community service shall be extended by the period of imprisonment so served by him. |
| (2D) |
The superintendent of the detention barracks to which any person who has been sentenced for a contravention of subsection (2)(a), is to be admitted or an officer authorized thereto by him, shall give such person the choice to be released as prescribed on parole on condition that he performs community service as contemplated in this Act, for a period equal to the period of such community service which he still had to perform at the time of his refusal or failure to perform it, and if such person chooses to be so released, shall so release him. |
| (2E) |
In any prosecution for a contravention of subsection (2)(a) the accused shall, upon proof that he did not on the date and at the time and place in question report to commence with the community service in question in the department in question or with the institution, council, board or body in question, be deemed, unless the contrary is proved, to have refused to perform such community service. |
[Subsection (2E) substituted by section 4(a) of Act 32 of 1993]
| (3) |
Any person who has served detention pursuant to a sentence in terms of subsection (2)(a) in full or who, after he has been sentenced in terms of subsection (2)(a), has been released on parole and has complied with the conditions of parole, or who has complied with the conditions subject to which the operation of his sentence in terms of subsection (2)(a) was suspended, shall be exempted from his liability to perform the particular community service in terms of section 73E(3): Provided that the preceding provisions of this paragraph shall not derogate from the power of the Minister to make a determination under and as contemplated in the proviso to the said section 72E(3). |
| (4) |
Notwithstanding anything to the contrary in any law contained a magistrate's court shall be competent to impose the sentence provided for in subsection (2)(a). |
| (5) |
Any court which sentences any person to detention in terms of subsection (2)(a), may suspend the operation thereof only if the conditions of suspension provide that the person concerned shall perform community service as contemplated in this Act for a period equal to the period of such community service which that person still had to perform at the time of his refusal or failure as contemplated in subsection (2)(a): Provided that the operation of such sentence which is thus suspended shall, notwithstanding anything to the contrary in any law contained, not be suspended for a period which is shorter than the remaining period of such community service which still had to be performed by the person concerned, and any court which is otherwise competent to try such case shall have the power to suspend such sentence on such conditions. |
| (6) |
In any prosecution for a contravention— |
| (a) |
of subsection (2)(a), (2A) or (2B) a certificate purporting to be signed by the secretary of a board for conscientious objection and stating— |
| (i) |
the full name of the accused and of a person who has been classified into a category of conscientious objectors contemplated in section 72D(1)(a)(iii) and whose name corresponds to the name of the accused; and |
| (ii) |
the category of conscientious objectors into which that person has been classified and the date of such classification, |
shall on the mere production thereof to the court, be prima facie proof of the particulars stated therein and that those particulars pertain to the accused;
| (b) |
of subsection (2)(a) or (2A), a certificate purporting to be signed by a person who states therein that he is an officer of the Department of Manpower and stating— |
| (i) |
the name of such officer; |
| (ii) |
his appointment in the Department of Manpower; |
| (iii) |
his authorization by the Minister of Manpower to issue the certificate; |
| (iv) |
the full name of the accused; |
| (v) |
the full name of the person who gave the order referred to in section 72E(4) and the capacity in which and authorization under which he gave such order, and particulars concerning the order he had given with regard to— |
| (aa) |
the place where; and |
| (bb) |
the date on which and time at which, |
the accused had to report to commence with the community service as contemplated in this Act, as well as the capacity, if it had been determined, in which the accused had to perform his community service;
[Subparaagraph (v) amended by section 4(b) of Act No. 32 of 1993]
| (vi) |
the period during which the accused has to perform such community service; |
| (vii) |
the manner in which the order referred to in subparagraph (v) was given or conveyed to the accused; |
| (viii) |
particulars of any communication which the accused may have made to any officer of that Department regarding his willingness or otherwise to comply with the said order or to perform his community service or otherwise, and the date, time and place thereof; and |
| (ix) |
compliance or otherwise by the accused with the said order or the performance or otherwise of his community service in accordance with his liability, |
shall on the mere production thereof to the court be prima facie proof of the particulars contained therein.
[Section721 substituted by section 22 of Act No. 132 of 1992]
Statistics Act, 1999
