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

Chapter IX : Administration and General Powers of the State President, the Minister and Officers

76. General powers of Minister

 

 

(1) The Minister may do or cause to be done all things which in his opinion are necessary for the efficient defence and protection of the Republic or any part thereof.

 

(2) Without derogating from the generality of his powers under subsection (1), the Minister may—
(a) acquire, hire, construct and maintain defence works, ranges, buildings, training areas and land required for defence purposes;
(b) establish, maintain and operate factories for the manufacture and repair of arms, ammunition, vehicles, aircraft, vessels, military clothing and other stores and equipment;
(c) notwithstanding anything contained in any law relating to the seashore or aviation, but subject to the provisions of any law relating to harbours, acquire, construct, maintain, manage and control harbours, docks, quays, jetties, aerodromes (as defined in subsection (2) of section ninety-nine) and other facilities necessary for vessels or aircraft of the South African Defence Force;
(d) acquire arms, ammunition, vehicles, aircraft, vessels, clothing, animals, stores and other equipment required for defence purposes;
(e) sell, let or otherwise dispose of any land, building, animal or thing mentioned in any of the preceding paragraphs which is no longer required for defence purposes;
(f) permit persons of any category or kind who are not members of the South African Defence Force and have registered in such manner as the Minister may determine, to participate voluntarily in any training exercises with the commandos, subject to such conditions as the Minister may from time to time determine and may, after consultation with the Minister of Finance, by notice in the Gazette declare that such provisions of sections 39, 40, 41 or 125 as may be specified in the notice shall, to such extent and with such modifications as may be so specified, apply in respect of such persons as if they were citizens voluntarily serving as members of a commando.

[Paragraph (f) added by section 48 of Act No. 85 of 1967]

 

(2A) The Minister may in writing authorize the Chief of the South African Defence Force or any officer designated for that purpose by the said Chief to exercise on behalf of the Minister, any power contemplated in subsections (1) and (2).

[Subsection (2A) inserted by section 23 of Act No. 132 of 1992]

 

(3) The Minister may, in consultation with the Minister of Finance, and any person acting under the authority of the Minister may, in consultation with an officer in the Department of Finance deputed thereto by the Minister of Finance, whenever he deems it expedient in the public interest or in case of emergency, authorize—
(a) the conveyance, on such terms and conditions as the Minister or such person acting in consultation as aforesaid may deem fit of any person other than an officer or employee of the State acting in the execution of his duty as such, or on behalf of any such person of any goods, not being the property of the State, by means of any vehicle, aircraft or vessel which is the property of the State in its Department of Defence;
(b) the rendering of any service, on such terms and conditions as aforesaid to any person other than an officer or employee of the State acting in the execution of his duty as such; or
(c) the use, on such terms and conditions as aforesaid of any vehicle, aircraft, vessel, equipment or any other thing, the property of the State in its Department of Defence, by any person other than an officer or employee of the State acting in the execution of his duty as such.

[Subsection (3) added by section 5 of Act No. 12 of 1961]