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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Defence Act, No. 42 of 2002

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]

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 [...was 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]
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]
62E. Vacation of office [...inserted by Act 2010_022_006]
62F. Meetings of Commission [...inserted by Act 2010_022_006]
62G. Committees of Commission [...inserted by Act 2010_022_006]
62H. Reporting [...inserted by Act 2010_022_006]
62I. Staff of Commission [...inserted by Act 2010_022_006]
62J. Funding [...inserted by Act 2010_022_006]
62K. Intervention by Minister [...inserted by Act 2010_022_006]
62L. Regulations in respect of Commission [...inserted by Act 2010_022_006]

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. 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 defence assets
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)

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