| (1) |
Subject to the provisions of this Act— |
| (a) |
every person domiciled in the Republic shall be liable between his twelfth and his seventeenth year, both included, to undergo training as a cadet; and |
| (b) |
every citizen between his seventeenth and his sixty-fifth year, both included, shall be liable to render service in the South African Defence Force as hereinafter prescribed. |
[Paragraph (b) substituted by section 3 of Act No. 85 of 1967]
| (2) |
The South African Defence Force or any portion or member thereof may— |
| (a) |
at any time be employed by the State President to be used by the executive military command of the South African Defence Force— |
| (ii) |
on service in the prevention or suppression of terrorism; |
| (iii) |
on service in the prevention or suppression of internal disorder in the Republic; |
| (iv) |
on service in the preservation of life, health or property; and |
[Subparagraph (iv) substituted by section 2(c) of Act No. 132 of 1992]
| (v) |
on service in the maintenance of essential services, including the maintenance of law and order and the prevention of crime in co-operation with the South African Police; and |
[Subparagraph (v) inserted by section 2(d) of Act No. 132 of 1992]
[Paragraph (a) amended by section 2(a) of Act No. 132 of 1992]
| (b) |
while employed as contemplated in paragraph (a), be used, in the Republic and for achieving the objects of the service in question, on those police functions mentioned in section 5 of the Police Act, 1958 (Act 7 of 1958), as may be prescribed. |
[Paragraph (b) substituted by section 2(e) of Act No. 132 of 1992]
[Subsection (2) amended by section 2(a) of Act No. 132 of 1992]
(2A)
| (a) |
If in the opinion of the Chief of the South African Defence Force it is necessary that a portion or a member of the said Force be employed on service as contemplated in subsection (2)(a)(iv) and the matter, owing to the urgency thereof, cannot be delayed until the State President can give a decision thereon, the said Chief may so employ the said portion or member. |
| (b) |
If the said Chief has so employed a portion or a member of the said Force, he shall as soon as possible inform the Minister thereof and at the same time notify him of the reasons therefor and the results thereof. |
[Subsection (2A) inserted by section 2(f) of Act No. 132 of 1992]
| (3) |
A member of the South African Defence Force may, subject to such limitations and restrictions as may be prescribed, be required to serve in any portion of that Force, and any such member serving in any headquarters, arm of the service, formation, unit or personnel mustering or performing any duty in respect of which a special allowance is prescribed, shall not be entitled to such allowance while serving in any other headquarters, arm of the service, formation, unit or personnel mustering or performing any other duty. |
[Subsection (3) substituted by section 1 of Act No. 34 of 1983]
| (4) |
Any member who is used on police functions referred to in subsection (2)(a)(v) or (b), shall have all the prescribed powers and duties as are by law conferred or imposed upon a member of the South African Police Force established under the Police Act, 1958 (Act 7 of 1958), and shall in respect of acts done or omitted to be done by him be liable to the same extent as he would have been liable in like circumstances if he were a member of the said Force, and shall have the benefit of all the indemnities to which a member of that Force would in like circumstances be entitled. |
[Subsection (4) substituted by section 2(g) of Act No. 132 of 1992]
| (5) |
Service in the maintenance of law and order or in the prevention of crime in cooperation with the South African Police as contemplated in subsection (2)(a)(v) shall— |
| (a) |
only be performed in such areas or at such places as the Minister may, notwithstanding the provisions of section 138(1), order at the request of the Minister of Law and Order; |
| (b) |
be discontinued or suspended in any area or at any place by order of the Minister when the Minister of Law and Order requests the Minister to do so or when the Minister deems it expedient for any other reason; |
| (c) |
be performed in accordance with— |
| (i) |
such guidelines regarding— |
| (aa) |
co-operation between the South African Defence Force and the South African Police; and |
| (bb) |
command over and control of members of the said Force and Police while they are performing any such service in co-operation with each other, as the Chief of the South African Defence Force and the Commissioner of the South African Police may determine; and |
| (ii) |
directions, in orders issued by the said Chief in consultation with the said Commissioner, regarding special identification marks to be worn by members of the South African Defence Force while they are performing such service. |
[Subsection (5) inserted by section 2(h) of Act No. 132 of 1992]
| (6) |
Employment on service in the maintenance of law and order or in the prevention of crime in co-operation with the South African Police as contemplated in subsection (2)(a)(v), shall within 24 hours thereafter be notified by proclamation in the Gazette, and when such employment is discontinued as is contemplated in subsection (5)(b) it shall be notified by a similar proclamation. |
[Subsection (6) inserted by section 2(h) of Act No. 132 of 1992]
Protection of Businesses Act, 1978
