Public Service Commission Act, 1997
R 385
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Defence Act, 1957 (Act No. 44 of 1957) Chapter XIII : General143. Exemption from tolls and like payments |
| (1) | Subject to the provisions of subsection (3)— |
| (a) | any member of the South African National Defence Force; or |
| (b) | any member of the Reserve, |
who in the exercise of his powers or the performance of his duties or functions under or in terms of this Act passes through any wharf, landing place, bridge, pont, ferry, toll-bar, gate or point of entry or exit at or in respect of which any toll, fee, or due may be charged in respect of any such member or any other person or means of transport or goods or animal which such member, in the said exercise of performance of his powers, duties or functions conveys or has with him, shall, upon such member—
| (i) | if he is a member of the South African National Defence Force exhibiting both his military identification and applicable official authorisation documents; or |
| (ii) | if he is a member of the Reserve— |
| (aa) | who is rendering service or undergoing training under this Act, exhibiting his military identification document; or |
| (bb) | who has been called up, exhibiting his call-up and personal official identification documents; and |
| (iii) | if he is driving a military vehicle or operating any other means of transport, exhibiting his military driver's licence or other military licence to operate such other means of transport and his trip authorisation or, if he is not driving or operating any such means of transport, exhibiting his official authorisation to pass through that wharf, landing place, bridge, pont, ferry, toll-bar, gate or point, |
be exempt from such payment, and such member and any such other person, means of transport, goods or animal shall be allowed to pass through without any such payment having to be made in respect of any of them.
| (2) | Any person who in conflict with subsection (1) demands such toll, fee or due or who wilfully subjects any such member, other person, means of transport, goods or animal to unreasonable delay or detains any of them in respect of or at such wharf, landing place, bridge, pont, ferry, toll-bar, gate or point, shall be guilty of an offence. |
| (3) | The Chief of the Defence Force may, if, with regard to the nature of any power, duty or function of any member or group of members of the South African National Defence Force, it is necessary, determine that the provisions of subsection (1) shall not apply to such member or group of members, in which case, such toll, fee or due shall be payable and such payment shall, with respect to the Department of Defence be deemed to be an authorised expenditure. |
[Section 143 substituted by section 6 of Act No. 72 of 1995]
