| (i) |
if it arose or became manifest during the performance of military service outside the Republic; |
| (ii) |
if it arose or became manifest during the performance of military service inside the Republic unless in the opinion of the Director-General there are reasonable grounds to presume the contrary; |
| (iii) |
if it is the result of an injury sustained by a member within the confines of the camp or barracks where the member was stationed, or, within the confines of any accommodation outside such camp or barracks, where the member was required to reside because of the exigencies of military service, or while proceeding on authorised leave to or from his home or place of destination over the direct route or the route which the Director-General may in the circumstances deem reasonable; |
| (iv) |
if it is the result of an injury sustained by a member while undergoing vocational training and as a result of such training or which was sustained in an unprovoked assault occasioned by his membership of the South African Defence Force; |
| (b) |
a disability shall be deemed to have been aggravated by military service— |
| (i) |
if, having manifested itself prior to the member's departure from the Republic, it progressed during military service outside the Republic; |
| (ii) |
if, having manifested itself prior to the commencement of the military service of the member, it progressed during military service in the Republic, unless the Director-General is satisfied for sound reasons that the conditions under which the member served and the nature of his military duties were such as could not have been factors in the development of the disability or that the disability is one that is progressive and probably would have developed to the same extent as that in which it did develop if the member did not perform military service. |
[Section 2(1) substituted by section 18 of Act No. 96 of 1983 (Notice No. 1523, GG 8809, dated 13 July 1983)]
| (2) |
For the purposes of subsection (1)(a)(iii), "authorised leave" does not include permission to live regularly outside the confines of the camp or barracks where the member was stationed, unless the member was required to live outside such camp or barracks on account of the exigencies of military service. |
| (3) |
For the purposes of subsection (1)(b)— |
| (a) |
a disability which is not recorded in the report on the medical examination of a member at the time of commencement of his military service, shall be deemed not to have manifested itself at that time, unless the contrary is proved to the satisfaction of the Director-General; |
| (b) |
a constitutional or latent weakness which a member had prior to the commencement of his military service, shall not be deemed to be a disability which manifested itself prior to such commencement, unless it is proved to the satisfaction of the Director-General that the condition had progressed beyond the latent stage and caused actual disablement at the time of commencement of his military service; |
| (c) |
the military service of a member shall be deemed to have commenced on the date on which he departed from his home or usual residence to report for military service in terms of the provisions of the Defence Act. |
[Section 2(3) substituted by section 18 of Act No. 96 of 1983 (Notice No. 1523, GG 8809, dated 13 July 1983)]
Older Persons Act, 2006
