Public Service Commission Act, 1997
R 385
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Defence Act, 1957 (Act No. 44 of 1957) Chapter XI : Discipline, Legal Procedure and Offences125. Wrongful disposal of property |
| (1) | Any member of the South African Defence Force or the Reserve or the Cadet Corps or any Auxiliary Service established under this Act, who without authority gives away, sells, pledges, lends or otherwise disposes of any moneys, animals, arms, ammunition, accoutrements, clothing, supplies or any other articles entrusted to or held by him in the service of such defence force, reserve, corps or auxiliary service, or who as a result of his negligence loses any such articles so entrusted to or held by him, shall be guilty of an offence, and made apart from any penalty which may be imposed upon him for such an offence under this Act, be ordered by the court or other competent authority which imposes that penalty, to make good any loss or deficiency caused by the commission of such offence, and every such gift, sale, pledge, loan or other disposition shall be null and void. |
| (2) | Whenever it is proved on a charge under this section for the loss of any article as a result of negligence, that the said article was entrusted to or held by the accused for any service referred to in subsection (1), and that he has failed to produce such article on demand to any person holding a rank superior to his, it shall be presumed, until the contrary is proved, that the accused had lost the said article as a result of his negligence. |
[Section 125 substituted by section 60 of Act No. 85 of 1967]
