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

Chapter 2 : Department of Defence

6. Establishment of Defence Secretariat

 

Defence Secretariat

 

1) The civilian secretariat for defence contemplated in section 204 of the Constitution is hereby established as the Defence Secretariat.

 

2) The Minister must, subject to the laws governing the public service, appoint such number of persons to posts in the Defence Secretariat as may be necessary.

 

3) Despite subsection (2), members of the Defence Force may, with their consent, be placed at the disposal of the Secretary for Defence to serve in posts in the Defence Secretariat.

 

4) Any person serving in the Defence Secretariat established by section 7A(1) of the Defence Act, 1957 (Act 44 of 1957), immediately before the commencement of this Act must be regarded as having been appointed to a post in the Defence Secretariat in terms of subsection (2) or having been placed at the disposal of the Secretary for Defence as contemplated in subsection (3), as the case may be.

 

5) Members of the Defence Force serving in posts in the Defence Secretariat must obey the instructions and directions of civilian superiors in the Defence Secretariat as well as those of superior officers.