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

Schedules

First Schedule

135. Board of inquiry in relation to absence without leave

 

 

(1) When any person has been absent without leave for more than thirty days, a board of inquiry may be convened to inquire into such absence and into any deficiencies there may be in his kit, arms and equipment or any articles of public property whatsoever on issue to him.

 

(2) Such board of inquiry shall be convened and shall conduct its inquiry in the prescribed manner and take evidence on oath, for which purpose the president may administer the prescribed oath to witnesses, interpreters and shorthandwriters.

 

(3) If the board of inquiry finds that such person has been so absent for more than thirty days and is still so absent, it shall record such finding, including the date of the commencement of the absence without leave, as also its finding on any deficiencies of his kit, arms and equipment and any articles of public property on issue to him and the estimated value thereof.

 

(4) If such person is not thereafter arrested, or until he is arrested, the finding of the board of inquiry shall have the force and effect of a finding of guilty by a military court on a charge of desertion, and if there is any finding by the board of inquiry of any deficiencies, such finding shall have the force and effect of a finding of guilty on a charge of an offence under section 24(1)(a).

[Subsection (4) amended by section 43(b) of Act No. 16 of 1999]

 

(5) A copy of any finding of a board of inquiry under this section, if duly certified to be a true copy of the original by the commanding officer of the person or the appropriate chief of staff or the officer in charge of the records of the said chief of staff, shall on its mere production be admissible in evidence against such person on a charge of desertion or absence without leave or on a charge under section 24(1)(a) as proof of his absence without leave and of any deficiencies and the value thereof: Provided that such proof shall be rebuttable by such person.