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

Chapter 13 : General Administration and Support

85. Exclusion of liability

 

1) Neither the State nor a member or employee is liable (except in the case of any wilful act or omission on the part of a member or employee) to any person who makes unauthorised use of any vehicle, aircraft or vessel under the control of the Department, or to any dependant of such person, for any loss or damage resulting from any bodily injury, loss of life or loss of or damage to property caused by or arising out of or in any way connected with the use of such vehicle, aircraft or vessel.

 

2) Neither the State nor a member or employee is liable (except in the case of any wilful act or omission on the part of any such person) to any person—
a) referred to in section 80(3) who makes use of any vehicle, aircraft or vessel which is under the control of the Department and appropriated for use by members or employees;
b) who makes use of any other property of the Department; or
c) to whom services are rendered by the Department, or to any dependant of such person, for any loss or damage resulting from any bodily injury, loss of life or loss of or damage to property caused by or arising out of or in any way connected with the use of any such vehicle, aircraft or vessel, such other property or such services.

 

3) If the State has paid any compensation in respect of a claim by any person for any loss or damage contemplated in subsection (2), the State may, without having obtained any formal cession of the right of action, recover from the person responsible for the loss or damage, the amount paid by way of compensation or any lesser amount determined by the Minister with the concurrence of the Minister of Finance.