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

Regulations

Regulations for the Reserve Force, 2009

28. Termination of Service

 

 

1) Service by a member of the Reserve Force terminates-
a) if upon expiry of an engagement for a specific period, the member has not re-enrolled for a further period of service;
b) upon satisfactory proof of the termination of the member's South African citizenship;
c) when an exemption board has in terms of the Act, granted the member total exemption from service in the Reserve Force;
d) on appointment in the Regular Force, the South African Police Service, including the South African Police Service Reserves, a Metropolitan Police Force or the Department of Correctional Services;
e) upon the member's death;
f) on the abolition of his or her post or re-organisation of the Reserve Force or of any headquarters, Service, formation, unit, personnel mustering or a part, branch or section thereof in which the member is employed;
g) if the Minister is reasonably of the opinion that the termination of his or her service will promote efficiency in the Reserve Force or of any headquarters, Service, formation, unit, personnel mustering or a part, branch or section thereof in which the member is employed;
h) with effect from the date on which the member attains the age contemplated in regulation 27;
i) on resignation after due notice thereof in writing by the member; or
j) if he or she is sentenced to a term of imprisonment without the option of a fine by a competent Civilian Court.

 

2) Service by a member of the Reserve Force may be terminated by the Minister ---
a) on account of misconduct, where-
i) the member has, while serving, been convicted by a Civilian Court or Court of a Military Judge of an offence which in the light of its nature or gravity, considered in conjunction with the nature of the sentence imposed, renders his or her continued service in the Reserve Force undesirable;
ii) before, or since his or her appointment, the member has been convicted by a Civilian Court or Court of a Military Judge on more than one occasion of offences which, considered individually, would not justify or did not lead to his or her discharge on account of misconduct, but considered collectively, render his or her continued enrolment in the Reserve Force undesirable; and
iii) owing to his or her recurrent conviction over a period by Courts of Military Judges of offences, he or she is considered not to be amenable to military discipline;
b) if the member is appointed on probation and his or her appointment is not confirmed, or if the conditions of a conditional appointment are not fulfilled;
c) if the member is incapable of rendering any Reserve Force service or carrying out his or her duties efficiently as a result of ill-health, unfitness or any other physical or mental disability;
d) on the grounds of material misrepresentation by the member of his or her position with regard to a condition for his or her appointment to any rank or post in the Reserve Force;
e) if continued employment of the member constitutes a real or potential security risk to the Department;
f) if, at any time during his or her formative training or specialised training in the corps or mustering in which the member has been appointed, he or she proves to be unsuitable for such training and is not regarded as suitable to be re-mustered for service in any other corps or mustering in the Reserve Force;
g) if the member, after he or she had been instructed to submit himself or herself to immunisation and prophylaxis, has refused to do so;
h) if the President appoints the member in the public interest under any law to an office to which the provisions of the Act do not apply;
i) if the member accepts a nomination for election as a member of Parliament or of a Provincial Legislature; or
j) if the member no longer complies with the criteria applicable to his or her particular mustering, post profile or utilisation.

 

3) Where any service of a member is to be terminated as contemplated in sub-regulation (1) and (2), not by the occurrence of objective factual circumstances but by virtue of an indispensable subjective discretion in terms of the Act to be exercised by any person, the member concerned must beforehand be informed by that person of the reasons for the termination decision to be taken by the person and must be afforded an opportunity to respond within 14 calendar days.