| (1) |
No person shall be liable to be called up in terms of section 91 or 92 for mobilization to render service as contemplated in the said sections, if he is— |
| (a) |
[Paragraph (a) deleted by section 28(b) of Act No. 132 of 1992] |
| (b) |
an officer of Parliament; |
| (c) |
a judge of the Supreme Court of South Africa or an officer thereof (other than an advocate, attorney, notary or conveyancer) or a judicial officer of any other court of law of the Republic; |
| (d) |
a minister of religion of a prescribed denomination; |
| (e) |
a member of the South African Police; |
[Paragraph (e) substituted by section 28(c) of Act No. 132 of 1992]
| (f) |
a member of the Department of Correctional Services; |
[Paragraph (f) substituted by section 28(c) of Act No. 132 of 1992]
| (g) |
employed in a lighthouse; |
| (h) |
occupying a post which has been designated by the Minister of Manpower, acting in consultation with the Minister and upon the recommendation of the manpower board established under section 74bis, for the purposes of this paragraph as a key post in a key industry or service; |
[Paragraph (h) substituted by section 28(d) of Act No. 132 of 1992]
| (i) |
the head of a department of State as contemplated in the Public Service Act, 1984 (Act 111 of 1984); or |
[Paragraph (i) substituted by section 28(d) of Act No. 132 of 1992]
| (j) |
engaged in any prescribed employment or occupation. |
[Subsection (1) amended by section 28(a) of Act No. 132 of 1992]
| (2) |
Any other person called up for service as aforesaid may— |
| (a) |
be granted deferment of the rendering of such service— |
| (i) |
for a period during which he is, according to a certificate by the prescribed medical authority, medically or psychologically unfit for the rendering of such service; or |
| (ii) |
for a period determined by an exemption board, constituted as provided in section 98, if it appears to such board that it is in the public interest that he should be granted such deferment for such period; or |
| (b) |
be exempted from such service if— |
| (i) |
he has been certified by the prescribed medical authority as being medically or psychologically permanently unfit for such service; or |
| (ii) |
it appears to such an exemption board that it is in the public interest that he should be so exempted. |
[Subsection (2) substituted by section 28(e) of Act No. 132 of 1992]
| (3) |
[Subsection (3) deleted by section 12 of Act 34 of 1983] |
| (4) |
Where in consequence of an application any question arises as to whether a person should under this section be granted deferment of or be exempted from the rendering of service, the burden of proving it shall lie on the applicant, and all applications for deferment or exemption shall be heard and decided by an exemption board, constituted as provided in section 98. |
[Subsection (4) substituted by section 28(f) of Act No. 132 of 1992]
| (5) |
Any exemption from service under this section shall hold good only during the continuance of the employment, occupation, condition, status, public interest or other consideration on which it is based. |
Special Investigating Units and Special Tribunals Act, 1996
