| (1) |
The State President may by proclamation in the Gazette authorize any Minister or any other person in the Republic to perform, at the request of such authority of any country as may be specified in the proclamation, but subject to such limitations as may be so specified, any function in relation to a visiting force of that country and members thereof which that Minister or person performs or could perform in relation to any portion of the South African Defence Force of like nature to the visiting force, or in relation to members of such a portion thereof, and for the purpose of the performance of any such function, any power exercisable by virtue of any law by such Minister or person in relation to the South African Defence Force or members thereof, shall be exercisable by him or them in relation to the visiting force and members thereof: Provided that nothing in this subsection shall be deemed to authorize any interference with the visiting force in matters relating to discipline or to the internal administration of that force. |
[Subsection (1) amended by section 36 of Act No. 132 of 1992]
| (2) |
If the State President by proclamation in the Gazette so provides, members of the visiting force, if sentenced by a military court of the country to which such force belongs, to penal servitude, imprisonment or detention, may under the authority of the Minister, given at the request of the officer in command of the visiting force, be detained in custody in prisons, goals or detention barracks in the Republic during the whole or any part of the term of their sentences, and the State President may by the same or a subsequent proclamation in the Gazette make provision relating to any of the following matters, namely— |
| (a) |
the reception of such persons from and their return to the military authorities of the country concerned; |
| (b) |
their treatment while in such custody or while so imprisoned; |
| (c) |
the circumstances under which they are to be discharged; and |
| (d) |
the manner in which they are to be dealt with in the event of their unsoundness of mind while in such custody or while so imprisoned. |
| (3) |
Any costs incurred in the maintenance and return of, or otherwise in connection with, any person dealt with in accordance with the provisions of subsection (2), shall be defrayed in such manner as may, with the consent of the Minister of Finance, be agreed upon between the Minister and the government of the country concerned. |
| (4) |
Save as hereinafter provided, the provisions of any law, including this Act, which— |
| (a) |
exempts or provides for the exemption of any vessel, vehicle, aircraft, machine or apparatus of, or employed for the purposes of, the South African Defence Force or any portion thereof from the operation of any law; or |
| (b) |
confers a privilege or immunity on any person by virtue of a connection with the South African Defence Force or any portion thereof; or |
| (c) |
exempts any property, trade or business, in whole or in part, from the operation of any law or from any tax, rate, licence, imposition, toll or charge, by virtue of such a connection; or |
| (d) |
imposes upon any person or undertaking obligations in relation to the South African Defence Force or any portion thereof, or any member or military court thereof; or |
| (e) |
penalizes misconduct by any person in relation to the South African Defence Force or any portion thereof, or any member or military court thereof, |
shall, with any necessary modifications apply in relation to a visiting force as it would apply in relation to the South African Defence Force: Provided that the State President may, by proclamation in the Gazette, direct that any such law either shall not apply or shall apply with such exceptions and subject to such adaptations or modifications as may be specified in the proclamation.
| (5) |
A proclamation under this section may apply either generally or in relation to any particular visiting force or in relation to any particular place. |
Housing Development Agency Act, 2008
