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South
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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Defence
Act, No. 42 of 2002
Long title
To provide for the defence of the Republic and for matters connected therewith.
Table of contents
Legislation Text Access Point
Long title
To provide for the defence of the Republic and for matters connected therewith.
Table of contents
| SECTION | TITLE |
| ARRANGEMENT OF ACT | |
| CHAPTER 1. INTRODUCTORY PROVISIONS | |
| 1. | Definitions |
| 2. | Principles |
| 3. | Application of Act |
| 4. | Secretary for Defence and Chief of Defence Force exercise powers under direction of Minister |
| 4A. | Military Command of Defence Force [...inserted by Act 2010_022_002_20101209] |
| CHAPTER 2. DEPARTMENT OF DEFENCE | |
| 5. | Composition of Department of Defence |
| Defence Secretariat | |
| 6. | Establishment of Defence Secretariat |
| 7. | Secretary for Defence |
| 8. | Functions of Secretary for Defence |
| 9. | Delegation of powers and assignment of duties by Secretary for Defence |
| 10. | Departmental investigations by Secretary for Defence South African National Defence Force |
| 11. | Composition of South African National Defence Force |
| 12. | Services of Defence Force, and structural components |
| 13. | Chief of Defence Force, and appointment of other members of Military Command [...Title amended by Act 2010_022_003_20101209was entitled "Chief of Defence Force"] |
| 14. | Functions of Chief of Defence Force |
| 15. | Delegation of powers by Chief of Defence Force |
| Auxiliary services | |
| 16. | Establishment of auxiliary services, and terms and conditions of service |
| 17. | Existing auxiliary services |
| CHAPTER 3. EMPLOYMENT AND USE OF DEFENCE FORCE | |
| 18. | Employment of Defence Force |
| 19. | Employment in co-operation with South African Police Services |
| 20. | Powers and duties of members while being employed |
| CHAPTER 4. LAW ENFORCEMENT POWERS OF DEFENCE FORCE AT SEA | |
| 21. | Definitions |
| 22. | Criminal and civil law enforcement by Defence Force |
| 23. | Interests to be considered |
| 24. | Piracy |
| 25. | Seizure of pirate ship or aircraft |
| 26. | Right of visit on high seas by warships of Defence Force |
| 27. | Hot pursuit of ships |
| 28. | Warships or military aircraft of Defence Force to render assistance |
| 29. | Co-operation with foreign states |
| CHAPTER 5. MILITARY POLICE | |
| 30. | Appointment of military police officials |
| 31. | Functions of military police officials |
| CHAPTER 6. DEFENCE INTELLIGENCE | |
| 32. | Definitions |
| 33. | Intelligence Division of Defence Force |
| 34. | Application of strategic and operational intelligence |
| 35. | Co-operation with other intelligence services |
| 36. | Counterintelligence by Intelligence Division |
| 37. | Determination of security classification of members and employees |
| 38. | Discharge of members or employees not issued with security clearances |
| 39.. | Notification of security clearance or refusal thereof |
| 40. | Personnel Security Review Board |
| 41. | Review by Review Board |
| 42. | Inspector-General of Department to monitor Intelligence Division |
| CHAPTER 7. COUNCIL OF DEFENCE AND OTHER COUNCILS | |
| 43. | Establishment and composition of Council of Defence |
| 44. | Functions of Council of Defence |
| 45. | Establishment and composition of Defence Staff Council |
| 46. | Functions of Defence Staff Council |
| 47. | Other councils that may be established |
| 48. | Establishment of Reserve Force Council |
| CHAPTER 8. LIMITATIONS ON RIGHTS OF MEMBERS OF DEFENCE FORCE | |
| 49. | Application |
| 50. | Limitations of rights |
| CHAPTER 9. EMPLOYMENT IN DEFENCE FORCE | |
| 51. | Application |
| 52 | Regular Force |
| 53. | Reserve Force |
| 54. | Commissioned officers in Defence Force |
| 55. | Pay, salaries and entitlements |
| 56. | Protection of members on active service |
| 57. | Compensation in case of injury or disability |
| 58. | Obligation to service in time of war, state of national defence or state of emergency |
| 59. | Termination of service of members of Regular Force |
| 60. | Legal representation for members |
| 61. | Procedures for redress of grievances |
| 62. | Religious observances in Defence Force |
| 62A. | Establishment and composition of Defence Force Service Commission [...inserted by Act 2010_022_006] |
| 62B. | Functions of Commission [...inserted by Act 2010_022_006_20101209] |
| 62C. | Appointment of members of Commission and conditions of service [...inserted by Act 2010_022_006] |
| 62D. | Disqualification from membership and removal from office [...inserted by Act 2010_022_006_20101209] |
| 62E. | Vacation of office [...inserted by Act 2010_022_006_20101209] |
| 62F. | Meetings of Commission [...inserted by Act 2010_022_006_20101209] |
| 62G. | Committees of Commission [...inserted by Act 2010_022_006_20101209] |
| 62H. | Reporting[...inserted by Act 2010_022_006_20101209] |
| 62I. | Staff of Commission [...inserted by Act 2010_022_006_20101209] |
| 62J. | Funding [...inserted by Act 2010_022_006_20101209] |
| 62K. | Intervention by Minister [...inserted by Act 2010_022_006_20101209] |
| 62L. | Regulations in respect of Commission [...inserted by Act 2010_022_006_20101209] |
| CHAPTER 10. TRAINING | |
| 63. | Defence Training Institutions |
| 64. | Discipline |
| 65. | Designation of areas for training |
| CHAPTER 11. EXEMPTIONS FROM, AND DEFERMENT OF TRAINING AND SERVICE | |
| 66. | Exemption Board |
| 67. | Application for exemption |
| 68. | Powers and duties of board |
| 69. | Offences by witnesses summoned or subpoenaed by board |
| 70. | Appeal to Minister |
| 71. | Manner of appeal |
| 72. | Decision on appeal, and notice |
| CHAPTER 12. CEREMONIAL DECORATIONS, MEDALS, AWARDS, FLAGS AND ACCOUTREMENTS | |
| 73. | Institution of decorations and medals |
| 74. | Rules and regulations |
| 75. | Award of decorations and medals |
| 76. | Display of decorations and medals [... Title substituted by Act 2020_006_011_20200807 - was entitled "Wearing of decorations and medals"] |
| 77. | Order of precedence |
| 78. | Display of insignia |
| 79. | Antecedent honours and medals |
| CHAPTER 13. GENERAL ADMINISTRATION AND SUPPORT | |
| 80. | General powers of Minister |
| 81. | Delegation of powers and assignment of duties by Minister |
| 82. | Regulations |
| 83. | Protection of moveable defence assets and records [... Title substituted by Act 2020_006_014_20200807 - was entitled "Protection of defence assets"] |
| 83A. | Prohibition of access to military property or areas [... inserted by Act 2020_006_015_20200807] |
| 84. | Exemptions applicable to Defence Force |
| 85. | Exclusion of liability |
| 86. | Right of recourse in respect of expenditure for injuries of members |
| 87. | Indemnity in respect of trespass and nuisance |
| 88. | Permission to enter upon private land for national border control |
| CHAPTER 14. STATE OF NATIONAL DEFENCE | |
| 89. | Declaration of state of national defence |
| 90. | Mobilisation during state of national defence |
| 91. | State of national defence regulations |
| CHAPTER 15. CO-OPERATION WITH OTHER FORCES AND FORCES VISITING REPUBLIC | |
| 92. | Agreements |
| 93. | Service by members in fulfilment of international obligation |
| 94. | Attachment of personnel |
| 95. | Command over members serving under control of international body |
| 96. | Command over members serving together with other military force |
| Visiting forces | |
| 97. | Discipline and internal administration of visiting forces |
| 98. | Application of laws in relation to visiting forces |
| 99. | Deserters from visiting forces |
| 101. | Inquests and removal of bodies of deceased members of visiting forces |
| CHAPTER 16. BOARDS OF INQUIRY | |
| 101. | Convening boards of inquiry |
| 102. | Attendance of persons at board of inquiry, and witnesses |
| 103. | Board of inquiry in relation to absence without leave |
| CHAPTER 17. OFFENCES AND PENALTIES | |
| 104. | Offences and penalties |
| 105. | Offensive behaviour |
| CHAPTER 18. GENERAL | |
| 106. | Repeal of laws, and savings |
| 107. | Short title and commencement |
| Sch. | SCHEDULE. LAWS REPEALED (SECTION 106) [s106] |
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