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

Chapter 13 : General Administration and Support

80. General powers of Minister

 

1) The Minister may do or cause to be done all things which are necessary for the effective defence and protection of the Republic, its territory and its inhabitants.

 

2) Without derogating from the generality of subsection (1), the Minister may—
a) manage, provide, acquire, hire, construct and maintain defence works, ranges, buildings, training areas and land required for defence purposes, either singly or in conjunction with other users;
b) after consultation with other interested government departments manage, provide, acquire, hire, construct and maintain airfields, air navigation systems, harbours and harbour facilities for the vehicles, aircraft and vessels of the Defence Force;
c) acquire and maintain arms, ammunition, vehicles, aircraft, vessels, uniforms, stores and other equipment;
d) sell, let or otherwise dispose of movable or immovable property of the Defence Force which is no longer needed for defence purposes;
e) authorise the sale or loan of equipment belonging to the Department to the defence forces of allied countries;
f) establish military training institutions for purposes of providing training and instruction to members and employees of the Department;
g) issue directives for the training of any member or employee of the Department;
h) subject to an agreement with the owner and such conditions, including compensation, as may be stipulated by the National Treasury, authorise such use of private vehicles, vessels or aircraft as is necessary for the training of the members of the Reserve Force or the rendering of services by them;
i) establish military museums, monuments, heritage sites and war graves or cemeteries.

 

3)
a) If it is in the public interest, or in the case of an emergency, the Minister, after consultation with the Minister of Finance, may authorise—
i) the conveyance of any person who is not an officer or employee of the State acting in the execution of his or her duty as such, or any goods belonging to such person, by means of any vehicle, aircraft or vessel belonging to the Department; or
ii) the use of any vehicle, aircraft, vessel, equipment, facility or any other property belonging to the Department, by any person who is not an officer or employee of the State acting in the execution of his or her duty as such.
b) Any authorisation contemplated in paragraph (a) may be made subject to such conditions as the Minister may determine.