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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

80. Establishment of auxiliary services

 

 

(1) The Minister may establish and designate for the purposes of the South African Defence Force, or any portion thereof, auxiliary services to perform such functions as he may determine.

[Subsection (1) substituted by section 6 of Act No. 68 of 1977]

 

(2) The organization and conditions of employment in such auxiliary services, including engagement, attestation, discharge, ranks, leave, duties and uniforms, and any other matters convenient or necessary for the establishment or control of such auxiliary services, shall be as prescribed.

[Subsection (2) substituted by section 38 of Act No. 87 of 1984]

 

(3) The members of such auxiliary services shall be subject to such disciplinary rules as may be prescribed, which may include provisions relating to—
(a) the exercise of authority over members of such auxiliary services by other members of such auxiliary services or by members of the South African Defence Force;
(b) the trial and sentence of members of such auxiliary services by a military court or by an officer of such auxiliary services or of the South African Defence Force;
(c) the review of proceedings at trials and of sentences;
(d) the attendance and examination of witnesses, including witnesses who are not members of such auxiliary services, at such trials;
(e) penalties for offences under such disciplinary rules by way of a fine not exceeding R1 200 or imprisonment for a period not exceeding two years, or both such fine and such imprisonment or by way of detention for a period not exceeding two years or by way of confinement to barracks or the performance of extra duties: Provided that no officer who tries such member summarily shall have jurisdiction to impose a penalty of detention for a period exceeding 40 days or a fine exceeding R200;

[Paragraph (e) substituted by section 24 of Act No. 132 of 1992]

(f) the recovery of any fine imposed upon a member of such auxiliary services by deductions from any pay or allowances or other moneys due or which may become due to him by the Government;
(g) the recovery by deductions from any pay and allowances or other moneys due or which may become due by the Government to a member of such auxiliary services of the amount of any deficiency, loss, injury, damage or destruction of Government property or of any expense to the Government caused by his wrongful act, omission, negligence or failure to carry out a duty;  and
(h) any other matter affecting the conduct and discipline of members of such auxiliary services.