Special Investigating Units and Special Tribunals Act, 1996
R 385
Defence Act, 2002 (Act No. 42 of 2002)Chapter 9 : Employment in Defence Force54. Commissioned officers in Defence Force |
| 1) |
| a) | Subject to subsection (2), the President may confer a permanent commission on any member of the Defence Force. |
| b) | A member upon whom a commission has been conferred, must be issued with a Deed of Commission bearing the President's signature or a replica thereof. |
| 2) | In order to qualify for a permanent commissioned appointment in the Defence Force, a person must— |
| a) | swear or declare allegiance to the Republic; |
| b) | be a citizen; |
| c) | relinquish any other citizenship he or she may have; |
| d) | have served successfully on probation as an officer with a temporary commission for at least one year; |
| e) | successfully complete specific prescribed training; |
| f) | never have been convicted and imprisoned without the option of a fine for a criminal offence, except one for which he or she has been granted amnesty in terms of the Promotion of National Unity and Reconciliation Act, 1995 (Act 34 of 1995); |
| g) | be a fit and proper person to serve and must have a trustworthy and exemplary character; and |
| h) | comply with the prescribed security grading requirements. |
| 3) |
| a) | Only the President may cancel a permanent commission, but such a commission may not be cancelled without the holder thereof being notified in writing of any complaint or charge made against him or her and of any action proposed to be taken in respect thereof, nor without him or her being called upon to show cause in relation thereto. |
| b) | Where the holder of a permanent commission cannot be traced after a diligent search that is appropriate in the circumstances, the commission may be cancelled without such notification. |
| 4) | The Minister may confer a temporary commission in the Defence Force on any person who is a member or who is eligible to become a member of the Defence Force, if such person complies with the requirements for such appointment and if there is an appropriate post in which such person can serve. |
| 5) | All persons given a temporary commission hold their commissions for such period as the Minister determines. |
| 6) |
| a) | An officer may by notice in writing request to be relieved of his or her commission, and any such request takes effect three months after the date upon which it is approved or on such earlier date as may be approved by the Minister. |
| b) | A former officer is not, in consequence of the withdrawal of his or her commission, exempt from— |
| i) | any service or training for which he or she may be liable in terms of this Act unless exempted by the Exemption Board; and |
| ii) | the repayment of any money stipulated in a contract pertaining to any education or training he or she may have undergone or may be in the process of undergoing at State expense. |
| 7) | The commission of any officer terminates and must be regarded as having been cancelled— |
| a) | on the date on which a sentence of cashiering imposed on him or her is confirmed; |
| b) | if any sentence of imprisonment without the option of a fine is imposed on him or her by a competent civilian court, and in the event of an appeal, upon the confirmation of such sentence. |
| 8) |
| a) | The appointment in the Defence Force of any person whose commission has been cancelled in terms of subsection (7) must be regarded as having been terminated simultaneously with such cancellation. |
| b) | The appointment in the Defence Force of any person whose commission has been cancelled in terms of subsection (3), terminates on such cancellation if such appointment was made by virtue of the commission conferred, and may be terminated subject to any terms and conditions governing such appointment, but nothing contained in this section may be construed as relieving or exempting such person from liability to render service in terms of this Act. |
| 9) | Officers who have retired from the Defence Force and while still in service held permanent commissions, may retain the use of their rank after they have so retired and are no longer in service, but must append the appellation 'Rtd' whenever it is used. |
| 10) | Commissioned officers from other countries who are attached to the Defence Force by means of temporary appointment in terms of this Act are entitled to all privileges bestowed on commissioned officers in the Defence Force by virtue of their rank. |
