Statistics Act, 1999
R 385
Defence Act, 2002 (Act No. 42 of 2002)Chapter 9 : Employment in Defence Force59. Termination of service of members of Regular Force |
| 1) | The service of a member of the Regular Force is terminated— |
| a) | upon the expiration of three months after the date on which such member lodged his or her resignation or upon the expiration of such shorter period as may be approved by the Chief of the Defence Force; |
| b) | on the termination of any fixed term contract concluded between the member and the Department or on the expiration of any extended period of such contract; |
| c) | if he or she has reached the prescribed age of retirement or, where applicable, if he or she exercises his or her right to retire on pension in accordance with the provisions of the applicable pension laws; |
| d) | if he or she is sentenced to a term of imprisonment by a competent civilian court without the option of a fine or if a sentence involving discharge or dismissal is imposed upon him or her under the Code; or |
| e) | if the Surgeon-General or any person authorised thereto by him or her issues a certificate to the effect that due to medical or psychological reasons, such member is permanently unfit to serve in the Defence Force. |
| 2) | The service of a member of the Regular Force may be terminated in accordance with any applicable regulations— |
| a) | as a result of the abolition of such member's post or any reduction or adjustment in the post structure of the Department of Defence; |
| b) | if for reasons other than the member's own unfitness or incapacity, such discharge is likely to promote efficiency or increased cost-effectiveness in the Department of Defence; |
| c) | on account of unfitness for his or her duties or inability to carry them out efficiently, irrespective of whether such unfitness or inability is caused by such member's ill-health not amounting to a condition referred to in subsection (1) (e); |
| d) | if, after serving a period of probation in terms of this Act, his or her appointment is not confirmed; or |
| e) | if his or her continued employment constitutes a security risk to the State or if the required security clearance for his or her appointment in a post is refused or withdrawn. |
| 3) | A member of the Regular Force who absents himself or herself from official duty without the permission of his or her commanding officer for a period exceeding 30 days must be regarded as having been dismissed if he or she is an officer, or discharged if he or she is of another rank, on account of misconduct with effect from the day immediately following his or her last day of attendance at his or her place of duty or the last day of his or her official leave, but the Chief of the Defence Force may on good cause shown, authorise the reinstatement of such member on such conditions as he or she may determine. |
| 4) | The name of a member whose service has been terminated in terms of subsection (1)(a) or (b) or subsection (2)(a) or (b), and who has not voluntarily joined the Reserve Force, must be retained on the personnel list. |
| 5) | A member who is entitled to be discharged in terms of subsection (1) (a), (b) or (c) may not, without the prior consent of the Chief of the Defence Force, be permitted to obtain his or her discharge- |
| a) | while he or she is employed in defence of the Republic; or |
| b) | while disciplinary proceedings are still pending against him or her. |
| 6) | A member contemplated in subsection (1)(a) or (d) who has undergone or who was undergoing education or training at State expense remains liable for the repayment of such money as is repayable in terms of a contractual agreement pertaining to such education or training. |
