Acts Online
GT Shield

Defence Act, 1957 (Act No. 44 of 1957)

Chapter VIII : Registration and Selection of Persons for Allotment to Citizen Force, Commandos, South African Police or South African Railways Police Force

69. Application for deferment of or exemption from service or allotment to commandos, and procedure of exemption boards

 

 

(1)

(a) Any—
(i) citizen who is a pupil as contemplated in section 63, may at any time apply in writing to a board referred to in section 68 for a certificate of exemption on account of his being permanently unfit for military service in any capacity;
(ii) citizen whose name has been selected by ballot in terms of section 66B, may apply in writing to such board for deferment of allotment under section 67 for that year;
(iii) person who, after having been allotted, is liable to serve in terms of section 21(1) or 35 or any interested person acting on behalf of such person with his consent in writing but subject to his right to make representations, may apply to such board—
(aa) before the person so liable commences service in terms of section 22 or 44, for deferment of or exemption from service;
(bb) after the person so liable has commenced such service, for deferment of or exemption from such service; and
(cc) after the person liable to serve in terms of section 21(1) has commenced service in terms of section 22 and has completed the period of service referred to in section 22(3)(a), for allotment to the commandos to render service in any area referred to in section 66(1).
(b) Any application, including any representations in connection with such an application if made under—
(i) subparagraph (i), (ii) or (iii)(aa) of paragraph (a), shall be lodged with the chairman of the said board; or
(ii) subparagraph (iii)(bb) or (cc) of paragraph (a), shall be lodged with the commanding officer of the unit in which the person concerned is serving.

[Subsection (1) substituted by section 34 of Act No. 134 of 1993]

 

(2) The board concerned shall make such investigations in connection with any application and representations under subsection (1) as it may consider necessary, and for that purpose the provisions of the Commissions Act, 1947 (Act 8 of 1947), except sections 1 and 4 thereof, shall apply with reference to the board, and in the application of the said provisions the reference in section 3 of that Act to the secretary of a commission shall be construed as a reference to the registering officer.

 

(3) Any person who has made an application in terms of this section or on whose behalf such application had been made, shall at his own expense attend at the time and place determined by the board and submit himself to any examination relating to any matter connected with the application, and such examination shall take place at public expense.

 

(4) The Minister of Manpower may make such rules not inconsistent with this Act as he may deem necessary for regulating the procedure and the conduct of the business of boards appointed under section 68.

 

(5) No person shall disclose any information obtained by him in the exercise of his powers, the performance of his functions or the carrying out of his duties in terms of this section, except—
(a) to the extent to which it may be necessary for the proper administration of this section; and
(b) for the purposes of any legal proceedings.

 

[Section 69 substituted by section 26 of Act No. 103 of 1982]