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Defence Act, 2002 (Act No. 42 of 2002)

Chapter 8 : Limitations on Rights of Members of Defence Force

50. Limitations of rights

 

1) Subject to the Constitution, the rights of members or employees may be restricted in the manner and to the extent set out in subsections (2) to (7).

 

2) To the extent necessary for purposes of military security and safety of members of the Defence Force and employees, such members and employees may from time to time be subjected to—
a) searches and inspections;
b) screening of their communications with people in or outside the Department;
c) security clearances which probe into their private lives; and
d) shared accommodation or privation in accordance with the exigencies of military training and operations.

 

3) To the extent necessary for security and the protection of information, members of the Defence Force and employees may be subjected to restrictions in communicating any kind of information, and where appropriate, may be subjected to prohibition of communication of information.

 

4) To the extent necessary for military discipline, the right of members of the Regular Force, serving members of the Reserve Force and members of any auxiliary service to peaceful and unarmed assembly, demonstration, picketing and petition, may be subjected to such restrictions as may be prescribed.

 

5)
a) Entry into, remaining in and movement in and around designated military areas may be restricted to authorised persons and subject to such conditions as may be prescribed.
b) Members of the Defence Force may, while in service, be required and ordered to serve, move or reside anywhere in the Republic and the rest of the world.

 

6) To the extent necessary for national security and for maintaining the Defence Force as a structured and disciplined military force, the rights of members of the Regular Force, serving members of the Reserve Force and members of any auxiliary force to join and participate in the activities of trade unions and other organisations may be subjected to such restrictions as may be prescribed.

 

7) To the extent necessary for national security, access to information in the Department may be restricted.

 

8) No member of the Regular Force—
a) may serve as a member of Parliament or any other legislative body;
b) may be a member of the Reserve Force and vice versa; and
c) may be a member of the South African Police Service and vice versa.