(1)
| (a) |
Subject to the provisions of subsection (2) no person shall have in his possession, use, wear or be dressed in, acquire, import, manufacture or supply, alienate, lend or give to any person any textile, material, article of clothing or any other article whatsoever which in whole or in part— |
| (i) |
is coloured with a combination of colours forming a pattern so as to render it inconspicuous in a natural environment; or |
| (ii) |
displays a near-infra-red reflection pattern or level or a combination of near-infra-red reflection patterns or levels, |
and which, subject to the provisions of section 26A of the Police Act, 1958 (Act No. 7 of 1958), and a notice by the Minister of Law and Order thereunder, is determined by the Minister from time to time by notice in the Gazette to be a camouflage of the South African Defence Force for exclusive use in or in relation to the execution or performance of their service or functions in terms of this Act by the members of that Force, the Reserve or an auxiliary or voluntary nursing service established under this Act.
| (b) |
The provisions of paragraph (a) shall be applicable mutatis mutandis in relation to any textile, material, article of clothing or any other article whatsoever which in whole or in part— |
| (i) |
displays a pattern or combination of colours which so resembles a combination of colours forming a pattern as contemplated in paragraph (a) (i); or |
| (ii) |
displays a reflection pattern or level or a combination of reflection patterns or levels which so resembles a reflection pattern or level or a combination of reflection patterns or levels as contemplated in paragraph (a) (ii), |
that it may be mistaken therefor: Provided that a determination by the Minister in the Gazette contemplated in paragraph (a) shall not be necessary in respect of such a pattern, combination of colours, reflection pattern or level or combination thereof which may be so mistaken.
| (c) |
Any near-infra-red reflection pattern or level or any combination of near-infra-red reflection patterns or levels contemplated in paragraph (a)(ii) or (b)(ii) is a reflection pattern or level or a combination of reflection patterns or levels, respectively, which is observed by means of an instrument picking up, measuring and registering electromagnetic waves reflected by any textile, material, article of clothing or any other article whatsoever, in a band of 700 to 1100 nanometers, and which reproduces it in a manner which can be observed by the human eye. |
| (2) |
The provisions of subsection (1)(a) shall not be applicable to— |
| (a) |
a member of the South African Defence Force, the Reserve or an auxiliary or voluntary nursing service established under this Act in or in relation to the execution or performance of his service or functions in terms of this Act; or |
| (b) |
any person who acts in terms of a written contract with the South African Defence Force in accordance with the provisions of such contract; or |
| (c) |
any person who acts in terms of an authorization by the Chief of the South African Defence Force or a person designated by him, in accordance with the provisions of such authorization. |
| (3) |
The Minister may, in making any determination in the Gazette contemplated in subsection (1)(a), also make use of a sketch or photograph. |
| (4) |
Any person who contravenes any provision of subsection (1)(a) or (b) read with (a) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years. |
[Section 114 inserted by section 6 of Act No. 32 of 1993]
Housing Development Agency Act, 2008
