Acts Online
GT Shield

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

Regulations

Regulations for the Reserve Force, 2017

Annexures

Annexure B : General Format of Service Contract for Members of the Reserve Force

 

ANNEXURE B

 

(Regulation 15(2))

 

GENERAL FORMAT OF SERVICE CONTRACT FOR MEMBERS OF THE RESERVE FORCE

 

SOUTH AFRICAN NATIONAL DEFENCE FORCE

 

CONTRACT OF SERVICE

 

This document will serve as the CONTRACT OF SERVICE (hereinafter known as the

"CONTRACT") entered into by and between the hereinafter-mentioned parties,

 

This CONTRACT is concluded between the

 

GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA

 

in its

 

SOUTH AFRICAN NATIONAL DEFENCE FORCE

 

(Hereinafter referred to as "the SANDF") represented herein by ................................................

 

in his/her capacity as..................................................................................................................

 

(Having been duly authorised hereto)

 

on the one part

 

and

Force Number......................... Rank .........................

 

Full Name ...........................................................................

(Hereinafter referred to as "the MEMBER")

 

on the other part

 

WHEREAS the MEMBER has volunteered his or her services to the SANDF in terms of section 53 of the Act; and

WHEREAS the MEMBER has been appointed and accepted as a member of the Reserve Force of the SANDF; and

WHEREAS the MEMBER has agreed to be available to render the period or periods of service indicated in this CONTRACT in the Reserve Force,

 

NOW THEREFORE the parties undertake, understand and accept the following:

 

DEFINITIONS

 

1. In this CONTRACT, unless the context otherwise indicates—

 

"conditions of service" means all conditions of service applicable to Reserve Force members of the Defence Force, as shown in Appendix 1 to this CONTRACT;

 

"continuous utilisation" means any period when a member renders service for an uninterrupted time which is longer than a one day and which is reckoned in days for as long as the member continues to be in service without a break;

 

"member" means a member of the Reserve Force;

 

"non-continuous utilisation" means any period of time reckoned in hours during which a member renders service and which does not constitute continuous utilisation;

 

"service benefits" means all benefits available to Reserve Force members of the Defence Force;

 

"the Act" means the Defence Act, 2002 (Act No. 42 of 2002).

 

2. The SANDF shall utilise the MEMBER in terms of and subject to those provisions of the Act, as amended from time to time, in any capacity subject to utilisation requirements, with or without remuneration, in accordance with the MEMBER'S following undertaking:

Category of  Utilisation

Description of

Category

Option and Initial of Member

*Select and Initial

Initial

Category A

A Period of Res F utilisation not exceeding 180 days per annum. The utilisation may be rendered as continuous or non-continuous

12 days

30 days

90 days

60 days

120 days

150 days

180 days

Continuous

Non-Continuous

Category B

A Period of Res F utilisation not exceeding 365 days as continuous

240 days

300 days

365 days


Category C

A Period of Res F utilisation not exceeding 36 months

24 months

36 months


 

3. The actual period of utilisation will be in accordance with a call-up order issued for each period of utilisation.

 

4. At the discretion of the SANDF and depending on service requirements, the MEMBER may volunteer to serve with or without remuneration for a period or periods longer or shorter than the above undertaking to serve in the Reserve Force.

 

5. The SANDF has no obligation to utilise the MEMBER for the period or periods for which the MEMBER has undertaken to be available.

 

6. The MEMBER’s utilisation period may be shortened if required by the SANDF without this being regarded as prejudicial to the MEMBER.

 

7. Subject to the Act, the MEMBER who has contracted to serve in the Reserve Force of the SANDF, is obliged to serve and to continue rendering service during a time of war, a state of emergency or a state of national defence or during an obligation to serve in a time of peace as may be required in terms of the Act.

 

8. The MEMBER may, while rendering service, be required and ordered to serve, move or reside anywhere in the Republic or the rest of the world.

 

9. As a member of the Reserve Force, the MEMBER shall for the duration of any training or any utilisation rendered in terms of this CONTRACT be subject to the provisions of the Act, the Military Discipline Supplementary Measures Act, 1999 (Act No. 16 of 1999), and all rules, regulations, codes (including the SANDF Code of Conduct), orders or instructions made under those Acts, or in terms of their provisions.

 

10. The SANDF requires from the MEMBER to comply with all criteria, inclusive of fitness, rank-age mustering requirements, including security clearance of the particular mustering, post profile directives or utilisation for the duration of the contracted period. In case where the MEMBER no longer complies with his or her mustering, post profile or utilisation, the contract may be reviewed and upon revision be terminated.

 

11. If the MEMBER cannot fulfil his or her obligations in terms of this CONTRACT because the MEMBER has become incapable of rendering any service whatsoever in any capacity as a result of any mental or physical disability this CONTRACT may be terminated and the MEMBER may be exempted from any further service: Provided that the MEMBER shall submit to such examinations as required by the Surgeon General or his or her delegatee to determine any such incapacity.

 

12. No agreement varying, adding to, deleting from or cancelling this CONTRACT, including this stipulation, and no waiver of rights under this CONTRACT shall be effective or valid unless reduced to writing and signed by or on behalf of the parties.

 

13. No indulgences granted by or on behalf of the SANDF, shall constitute a waiver, save in the specific instance and only for that purpose, and to the extent granted.

 

14. There is no obligation on the part of the SANDF to offer a subsequent contract on the termination or lapsing of this CONTRACT.

 

15. In the case of a breach of this CONTRACT, the SANDF may require that the MEMBER not be permitted to render service in the SANDF thereafter. All monies due to the MEMBER by the SANDF may firstly and unilaterally be retained by the SANDF and set off against any monies and shortages due to the SANDF in terms of this CONTRACT.

 

16. The MEMBER shall notify the SANDF of any changes of ADDRESS and should he or she fail to do so and it becomes necessary to incur any cost, for example to employ tracing agents, the MEMBER shall be liable to pay to the SANDF any cost so incurred.

 

17. Should it become necessary for the SANDF to issue summons for recovery of amounts due under this CONTRACT, the MEMBER shall be liable for any costs incurred, including all attorney and client costs.

 

18. The MEMBER acknowledges that he or she has perused and understands the contents and full implications of this CONTRACT.

 

DOMICILIUM CITANDI ET EXECUTANDI

 

19. The SANDF and the MEMBER elect as domicilium citandi et executandi for the purpose of any notices or for the service of any legal process arising out of this CONTRACT, the following street addresses in South Africa, respectively. (The MEMBER shall keep the SANDF informed of any change in this street address for the duration of the agreed service term.)

 

THE SANDF THE MEMBER

 

Armscor Building (Chief of the SANDF)                                                                          

 

Private Bag X910                                                                          

 

C/o Nossob and Delmas Road                                                                          

 

Erasmuskloof                                                                          

 

PRETORIA                                                                          

 

THUS DONE AND EXECUTED at ..........................................................................................

 

on this .............................. day of ..................................................  20 ............................

 

 

                                                                                                                                                                             

FULL SIGNATURE OF MEMBER INITIALS AND NAME (Print)

 

 

WITNESSES

 

                                                                                                                                                                             

(1) FULL SIGNATURE INITIALS AND NAME (Print)

 

 

                                                                                                                                                                             

(2) FULL SIGNATURE INITIALS AND NAME (Print)

 

 

 

 

THUS DONE AND EXECUTED at ..........................................................................................

 

on this .............................. day of ..................................................  20 ............................

 

 

                                                                                                                                           

FOR AND BEHALF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE

 

 

WITNESSES

 

                                                                                                                                                                             

(1) FULL SIGNATURE INITIALS AND NAME (Print)

 

 

                                                                                                                                                                             

(2) FULL SIGNATURE INITIALS AND NAME (Print)

 

Appendix 1 : Conditions of Service Applicable to Members of the Reserve Force

Appendix 2 : Service Benefits Applicable to Members of the Reserve Force