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

Chapter X : Provisions Applicable in time of War or in connection with the Combating of Terrorism or in connection with an Armed Conflict outside the Republic or in connection with Internal Disorder or other Emergency

92bis. Notification to persons called out

 

 

(1) Any member of the Citizen Force or the Reserve or the commandos who has been called out for mobilization for service under section 91 or section 92(1) or called out for service under section 92(3), may be notified by the Chief of the South African Defence Force or an officer authorized thereto by him, by radio or telecommunication or through the press or by letter or by word of mouth or by public notice or in such other manner as the Chief of the South African Defence Force or such officer may deem fit, of the time and place at which he is to present himself.

[Subsection (1)amended by section 36 of Act No. 132 of 1992]

 

(2) If for reasons beyond his control a person referred to in subsection (1) is unable to present himself at the time notified as provided in that subsection, he shall without delay personally or through any Police Station communicate such reasons to his commanding officer or the commanding officer of the nearest military headquarters, and if such commanding officer is satisfied that such person is unable to present himself at the time so notified he may, in accordance with the regulations and any orders and instructions issued under this Act, authorize that person to present himself place referred to in subsection (1) or at such other place as may be so determined.

 

(3) Subject to the provisions of subsection (2), any person who fails to present himself at the time notified as aforesaid, may be apprehended as a deserter and may be tried and punished under the Military Discipline Code for the offence of desertion committed while on service, and in any proceedings under this subsection the onus of proof that any notification under subsection (1) did not come to the notice of the accused, shall, subject to the provisions of section one hundred and fifty, be on the accused.

 

[Section 92bis inserted by section 14 of Act No. 12 of 1961]