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Table of Contents
Defence Act, 1957 (Act No. 44 of 1957)
Act
Chapter I : Definitions and Liability for Service and Training
1. Definitions
2. Application of Act
3. Liability for training and service
4. Duties of employers
4A. Prohibition or refusal to employ on ground of liability ...
4B. Composition of Department of Defence
Chapter II : Composition and Organisation of ...
5. Composition of the South African Defence Force
6. Composition of Reserve
7. Organisation of South African Defence Force and ...
7A. Establishment of Defence Secretariat
7B. Secretary for Defence
7C. Powers, duties and functions of Secretary
7D. [Repealed]
8. Powers, duties and functions of Chief of ...
Chapter III : The Permanent Force
9. Composition and organisation of Permanent ...
10. Qualifications of members of Permanent ...
11. Appointment of officers
12. Discharge of Officers and other ranks ...
13. [Repealed]
14. Member of Permanent Force not eligible ...
15. Transfer from Permanent Force to ...
Chapter IV : The Citizen Force
16. Composition and organisation of Citizen ...
17. Officer appointments
18. Promotion of officers
19. Voluntary service in Citizen Force
20. Voluntary temporary whole-time service
21. Liability to serve in Citizen Force
22. Service in Citizen Force
23. [Repealed]
24. Training in terms of special contracts
24bis. Voluntary additional service
25. [Repealed]
26. Conditions of service
27. Uniforms, arms and accoutrements
28. [Repealed]
29. Change of address
30. Discharge of members of Citizen Force
31. Transfer from Citizen Force to ...
Chapter V : Commandos
32. Composition of commandos
33. Organization of commandos
34. Change of address
35. Liability to serve in commandos
36. Voluntary service in commandos
37. Honorary members of commandos
38. [Repealed]
39. Issue or arms, ammunition and accoutrements ...
40. Sales and loans of rifles and ammunition ...
41. Inspection of rifles, ammunition and accoutrements
42. Rifle ranges
42bis. Aircraft for training of air commandos
43. [Repealed]
44. Service in commandos
44A. Transfer from commandos to Controlled Reserve
45. Discharge of officers and other ranks from ...
Chapter VI : The Reserve
46. Controlled Reserve
47. [Repealed]
48. [Repealed]
48A. [Repealed]
49. Composition of National Reserve
50. Organisation of Reserves
51. Training of Reserves
52. Liability of members of reserves for service
52A. Voluntary training and service in Reserve
53. Conditions of service in Controlled ...
54. Liability to report
55. Liability to maintain uniform and equipment
Chapter VII : The Cadet Corps
56. Establishment and organisation of Cadet ...
57. Liability for service as a cadet
58. Extension of period of cadet training
59. [Repealed]
60. [Repealed]
61. Cost of training to be defrayed ...
Chapter VIII : Registration and Selection of Persons for ...
62. Appointment of registering officer
63. Registration
64. Notification of address
65. Voluntary enrolment in lieu of service ...
66. Preparation of ballot lists
66A. Number of persons to be trained
66B. Ballot
67. Allotment to Citizen Force and commandos
67A. [Repealed]
68. Exemption boards
69. Application for deferment of or exemption ...
70. [Repealed]
70bis. Powers of exemption board in regard to ...
70ter. Withdrawal of decision of exemption board
71. Exemption from service if medically unfit
72. [Repealed]
72A. Boards for religious objection
72B. Application for classification as conscientious ...
72C. Procedure of boards for conscientious ...
72D. Powers of boards for conscientious ...
72E. Service by classified conscientious objectors
72F. Withdrawal or amendment of decision ...
72G. Regulations relating to community service
72H. Participation in political activities
72I. Offences by conscientious objectors, ...
Chapter IX : Administration and General Powers of the ...
73. Council of Defence
74. Defence Staff Council
74bis. Manpower board
75. Establishment of commands, areas, ...
76. General powers of Minister
77. Military training institutions
78. [Repealed]
79. Areas for training
80. Establishment of auxiliary services
81. Voluntary nursing service
82. [Repealed]
82bis. Salaries, pay and allowances to be ...
83. Commission
83A. Chief of Defence Force and Secretary ...
84. Retirement of officers
85. Termination of service
86. Resignation of officers
87. Regulations
88. Protection of defence stores
89. Prohibition of access to military premises
89A. Service in Citizen Force or commandos
Chapter X : Provisions Applicable in time of War or in ...
90. Employment of Permanent Force
91. Mobilization of Citizen Force, Reserve and ...
92. Mobilization of Citizen Force, Reserve and ...
92bis. Notification to persons called out
92ter. Persons performing service or undergoing ...
93. Definition of expression 'any portion'
94. [Repealed]
95. Compulsory service outside the Republic
96. Release and discharge from service
97. Exemption from service
98. Appointment and proceedings of exemption boards
99. Security of harbours and aerodromes
99A. Safeguarding borders of Republic
100. Commandeering
101. Censorship
102. Control and use of transport systems
103. [Repealed]
103bis. Evacuation or concentration of persons
103ter. [Repealed]
103quat. Compensation
Chapter XI : Discipline, Legal Procedure and Offences
104. Military Discipline Code
105. Jurisdiction of ordinary courts in regard to offences ...
106. Person tried once only
107. [Repealed]
108. Jurisdiction of military courts in respect of ...
109. Offences by persons against members of other ...
110. [Repealed]
111. Warrants
112. Place of imprisonment for military offences
113. [Repealed] Limitation of actions
114. Prohibition on possession of, and performance ...
115. Misuse of uniforms
116. Unauthorised use of decorations
117. Use of name, title, etc indicating connection ...
118. Improper disclosure of information
119. Prohibition on taking of photographs or ...
120. Obstructing South African Defence Force
121. Prohibition of certain acts in connection with ...
121A. Prohibition of certain acts in connection with ...
122. Offences relating to intoxicating liquor
123. Personation
124. Offences in connection with commandeering
125. Wrongful disposal of property
126. [Repealed]
126A. Refusal or failure of service
126B. Prohibition regarding membership of trade ...
126C. Labour matters
127. Offences and penalties
Chapter XII : Visiting and Other Forces
128. Discipline and internal administration of ...
129. Relations of visiting forces to the civil ...
130. Deserters from other forces
131. Attachment of personnel
132. Members of visiting forces not subject to ...
133. Mutual powers of command
134. Proof of membership of visiting force
135. Inquests on and removal of bodies of ...
Chapter XIII : General
136. Decorations and medals
137. Language of instruction
138. Where service is to be performed
139. Pay and allowances not to be assigned ...
140. Exemption from stamp duties
141. Exemption from registration and licensing ...
142. Exemption from laws relating to conveyance ...
143. Exemption from tolls and like payments
144. Railway charges
144bis. Compulsory immunization and prophylaxis
145. [Repealed]
145A. Payment of the remuneration of a missing ...
145B. Payment of remuneration of member of ...
146. Injuries received or illness contracted on ...
146A. Date of membership of Citizen Force ...
146B. [Repealed]
147. Conveyance of members of South African ...
148. Clubs, messes, etc
149. Exemption from licences, etc
149bis. Non-liability of department
149ter. Right of recourse of Government in ...
149quat. Indemnity in respect of trespass ...
150. Presumption as to delivery of notices
151. Act to apply both within and outside Republic
152. Repeal of laws and savings
153. Delegation of powers by Chief of South African ...
154. Short title and commencement
Schedules
First Schedule
1. Definitions
2. [Repealed]
3. Application of code beyond area of compulsory service
4. Offences endangering safety of forces
5. Offences by a person in command of troops ...
6. Offences in relation to conduct in action
7. Offences relating to failure to report activities ...
8. Offences relating to signals, watchwords and ...
9. Interference with aircraft, vehicles, vessels, etc
10. Mutiny
11. Interference with guards, sentries, etc
12. Dereliction of duty by sentry, watchkeeper, etc
13. Desertion
14. Absence without leave and non-attendance ...
15. Assaulting superior officer
16. Assaulting or ill-treating subordinate
17. Using threatening, insubordinate or insulting language
18. Malingering, feigning or producing disease, maiming, etc
19. Disobeying lawful commands or orders
20. Theft of public property or property belonging to ...
21. Offences in relation to the acquisition or disposal of ...
22. Causing or allowing a vessel or aircraft to be ...
23. Abandoning or diverting public property or supplies
24. Negligently losing kit, equipment, arms, etc
25. Negligently or wilfully causing damage to or ...
26. Deficiencies in stores, etc
27. Using or taking article issued to or under control ...
28. Offences in relation to the driving of vehicles and ...
29. Fraudulent enlistment
30. False statements in official documents
31. False accusations or statements
32. Scandalous behaviour
33. Drunkenness
34. Offences in relation to a military court
35. False evidence before a military court
36. Refusing to answer questions or produce documents ...
37. Obstruction in relation to the arrest, custody or ...
38. Offences in relation to arrest
39. Resisting arrest
40. Offences in relation to a person in custody
41. False complaints in writing
42. Offences in relation to the redress of wrongs
43. False representations concerning rank
44. Offences in relation to decorations or medals
45. Riotous or unseemly behaviour
46. Conduct to the prejudice of military discipline
47. Civil offences committed outside the Republic
48. Aiding, abetting, inciting, etc
49. Defeating the course of justice
50. Attempt
51. Alternative punishments
52. Arrest
53. Search
54. Jurisdiction of civil courts
55. Person convicted or acquitted not to be tried again
56. Civil offence may be tried under code
57. Territorial jurisdiction of military courts
58. Prescription of offences
59. Trial under code when accused no longer subject to code
60. Person arrested to be brought before officer
60A. [Repealed]
61. [Repealed]
62. [Repealed]
63. [Repealed]
64. [Repealed]
65. [Repealed]
65A. [Repealed]
66. [Repealed]
67. [Repealed]
68. [Repealed]
69. Trial of more than one person
70. [Repealed]
71. [Repealed]
72. [Repealed]
73. [Repealed]
74. [Repealed]
75. [Repealed]
76. [Repealed]
77. [Repealed]
78. [Repealed]
79. [Deleted]
80. How charge to be framed
81. More than one charge may be joined in same charge sheet
82. Joinder of persons
83. [Repealed]
84. Rules of evidence applicable in civil courts to apply ...
85. Evidence must be give viva voce and in open court
86. [Repealed]
87. [Repealed]
88. Alternative verdicts
89. How finding and sentence of military court to be ...
90. [Repealed]
91. [Repealed]
92. One sentence imposed in respect of all the charges
93. Certain provisions to apply in case of particular ...
94. [Repealed]
95. Court may where applicable, order deductions or ...
96. [Repealed]
97. Acquittal is not subject to confirmation
98. [Repealed]
99. [Repealed]
100. [Repealed]
101. [Repealed]
102. [Repealed]
103. [Repealed]
104. [Repealed]
105. [Repealed]
106. [Repealed]
107. Reasons for judgment
108. [Repealed]
109. [Repealed]
110. [Repealed]
111. [Repealed]
112. [Repealed]
113. Prosecutor may make representations to council ...
114. Council of review to hear argument in certain cases
115. [Repealed]
116. Reviewed finding or sentence deemed to be ...
117. [Repealed]
118. When sentence commences
119. Where sentences of imprisonment, detention or ...
120. State President may establish prisons and detention ...
121. How sentences of imprisonment and detention imposed ...
122. Person in charge of prison, etc, must receive and ...
123. Unsoundness of mind at time of commission of offence
124. Unsoundness of mind while under arrest or in custody
125. Unsoundness of mind upon arraignment or during ...
126. Unsoundness of mind upon arraignment or during ...
127. Only authorized deductions may be made from pay
128. Forfeitures of pay
129. Deductions from pay
130. Fine may be deducted from pay
131. Maintenance orders
132. Garnishee orders
133. General Officer Commanding may remit deductions ...
134. Redress of wrongs
135. Board of inquiry in relation to absence without leave
136. Boards of inquiry
137. Attendance of witnesses at and composition of ...
138. Attendance of witnesses at military courts, ...
139. Competent but not compellable witness giving evidence ...
140. Evidence
141. How persons arrested for desertion or absence without ...
142. Orders by General Officer Commanding may be signed ...
143. Registrar or clerk of a civil court must furnish ...
144. Members of South African Defence Force deemed ...
145. [Repealed]
146. [Repealed]
147. Appointment and powers of chief disciplinary officer ...
148. Restitution or confiscation of property
149. Field punishment
150. Exercise of powers vested in holders of military office
151. Contempt of military court by person not subject to ...
152. Corporal punishment may not be imposed
153. Defending officer as a witness
154. Trials commenced prior to commencement of code
Second Schedule
"Minister"
means the Minister of Defence;
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