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

Schedules

First Schedule

129. Deductions from pay

 

 

(1) Whenever a competent court convicts any person subject to this Code of an offence, other than an offence relating to the driving of a motor vehicle, and any act or omission constituting such offence has caused any loss of or damage to public property or property belonging to any institution, the court shall, subject to the provisions of subsection (3), order that the accused be placed under deductions of pay to the amount of the loss or damage: Provided that where the court is satisfied that the offence was not committed wilfully, it may order that the accused be placed under deductions of pay to such lesser amount as it may in its discretion determine.

 

(1)bis Any amount deducted from a member's pay in pursuance of an order made under subsection (1) in respect of loss of or damage to property belonging to any institution shall be paid to the institution concerned.

 

(2) Where more than one person has been so convicted, the court shall for the purpose of making an order under subsection (1), order that all the offenders be placed under deductions of pay in such a manner as to ensure that the amount in question will be recovered from them jointly and severally.

 

(3) Whenever a competent court convicts a person subject to this Code of having in contravention of section 24 negligently lost, damaged or destroyed his equipment, arms, kit or any other property issued to him at public expense for personal use in the execution of his duties, it shall order that such equipment, arms, kit or other property be replaced or repaired and that the costs involved in such replacement or repair be recovered from the person concerned: Provided that no such order shall be made in the case of a sentence of cashiering, dismissal from the South African Defence Force, discharge with ignominy from the South African Defence Force or discharge from the South African Defence Force, if the said equipment, arms, kit or other property has at the time of sentence become the property of the accused pursuant to the regulations.

 

(4)        ...