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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

87. Regulations

 

 

(1) The Minister may make regulations, not inconsistent with this Act, relating to—
(a) the training (including sport as part thereof) and inspection of the South African Defence Force, the Reserve, the Cadet Corps and any auxiliary or nursing service established under this Act;

[Paragraph (a) substituted by section 38(a) of Act No. 134 of 1993]

(b) the establishment of training camps;
(c) courses of instruction for persons undergoing training or engaged for service under this Act;
(d) the control of funds which are administered by a committee or other like body under the chairmanship of a member of the South African Defence Force and have been collected or accepted by or from members of that Force or any headquarters, arm of the service, formation, unit or personnel mustering therein, or by or from members of a force which prior to the commencement of this Act formed part of the defence forces of the Republic, for the benefit of such members or their dependants;

[Paragraph (d) substituted by section 41 of Act No. 87 of 1984]

(dA) the establishment, management and control of funds and non-trading institutions of the South African Defence Force the aims or some of the aims of which are the acquisition and possession of property, movable as well as immovable, for the provision of recreational facilities within the Republic exclusively for the benefit of members and ex-members of that Force or any headquarters, arm of the service, formation, unit or personnel mustering therein and their dependants and other prescribed persons or classes of persons;

[Paragraph (dA) substituted by section 41 of Act No. 87 of 1984]

(e) the seniority and precedence of headquarters, arms of the service, formations, units and personnel musterings and of members of the South African Defence Force, the Reserve, the Cadet Corps and any auxiliary or nursing service established under this Act;

[Paragraph (e) substituted by section 41 of Act No. 87 of 1984]

(f) the leave of absence of members of the South African Defence Force;
(f)bis the establishment, management and control of a fund to provide for medical, dental and hospital treatment of members of the Permanent Force who retired or retire on pension on or after the first day of January, 1964, and their families, and of the families of members of the said Force who died or die on or after the said date, the class of members of the said Force or other persons who shall be or may become members of the fund, the scale or aggregate amount of contributions (if any) to be made to the fund by any particular class of members thereof, the termination of membership of the fund, the rights, privileges and obligations of members of the fund, and generally all matters reasonably necessary for the regulation and operation of such fund;

[Paragraph (f)bis inserted by section 15(a) of Act No. 81 of 1964]

(f)ter the establishment, management and control of a fund to provide for medical, dental and hospital treatment of members of the Permanent Force who retired on pension before the first day of January, 1964, and their families, and of the families of members of the said Force who died before the said date, the class of members of the said Force or other persons who shall be or may become members of the fund, the scale or aggregate amount of  contributions (if any) to be made to the fund by any particular class of members thereof, the termination of membership of the fund, the rights, privileges and obligations of members of the fund, and generally all matters reasonably necessary for the regulation and operation of such fund;

[Paragraph (f)ter inserted by section 9 of Act No. 28 of 1970]

(g)

(i) the performance of police functions by those members of the South African Defence Force authorized thereto by the Chief of the South African Defence Force, or by any officer designated by him, for the purpose of enforcing any provision of this Act or, in so far as it applies in respect of the South African Defence Force or any member or any property thereof or any land or premises under its control, of any other law;
(ii) the powers and duties which may or shall be exercised or executed by such members in connection with the performance of such police functions, including any powers and duties which in terms of any law may or shall be exercised or executed by any member of the South African Police established under the Police Act, 1958 (Act No. 7 of 1958), or by any functionary who, in terms of a definition contained in such law, is or includes a member of the South African Police;
(iii) The admissibility and evidential value in legal proceedings of any statement by a person in respect of whom such powers or duties have been exercised or executed or who has been affected thereby, irrespective of whether or not such statement was made to or in the presence of any such members;

[Paragraph (g) substituted by section 41 of Act No. 87 of 1984]

(h) the registration of citizens liable for service;

[Paragraph (h) substituted by section 51 of Act No. 85 of 1967]

(i) the exemption of any member of the South African Defence Force, the Reserve or the Cadet Corps from carrying out any full course of training prescribed for any one year;

[Paragraph (i) substituted by section 51 of Act No. 85 of 1967]

(j) the standards of physical fitness and the medical examination of members of the South African Defence Force and the Reserve, and authorizing medical authorities to determine such standards;

[Paragraph (j) substituted by section 51 of Act No. 85 of 1967]

(k) the formation, maintenance, control and management of commandos and cadet detachments;
(l) the design, award, use, care and custody of colours, standards and flags for military use, and all matters pertaining to military ceremony;
(m) honorary appointments and ranks in the South African Defence Force;
(n) the furnishing by the employers of persons engaged in specified occupations or industries of specified particulars in respect of such persons, the furnishing by such persons of their addresses to a specified officer, and the notification by them to such an officer of any changes in their addresses;
(o) the furnishing by any person in the Republic of full and accurate information as to buildings, premises, vehicles, aircraft, vessels, animals, foodstuffs, forage, fuels, oils, materials, articles or things in his possession or under his control;
(p) the issue and care of arms, accoutrements, ammunition, including ammunition to be held in reserve for use in cases of emergency, supplies, animals, transport, clothing and equipment;
(q) the government and management of, and the discipline which may be enforced in places appointed as prisons under this Act;
(qA) the prohibition or regulation of vehicular or other traffic in any military camp, barracks, dockyard or installation or on any other premises or any land used for military or defence purposes or which is under military control;

[Paragraph (qA) inserted by section 30 of Act No. 103 of 1982]

(r) the registration of motor vehicles which are the property of the State in the South African Defence Force, and the licensing of drivers of such vehicles;

[Paragraph (r) amended by section 36 of Act No. 132 of 1992]

(rA) the compulsory insurance of members of the South African Defence Force (other than members of the Permanent Force and any other particular class of members of the South African Defence Force) in respect of bodily injury, disablement or death occurring in the course of or as a result of military service or training, and the recovery from the salaries or pay or allowances payable to such members in terms of this Act, of the premiums payable in respect of such insurance and the payment thereof to the insurers concerned;

[Paragraph (rA) inserted by section 3 of Act No. 42 of 1979]

(rB) the rights of members of the Permanent Force in connection with all matters concerning labour relations between them and the State as their employer (including conditions of service, salaries and other benefits) and the administration and management of such matters, including the settlement of disputes and the establishment of mechanisms for such purpose;

[Paragraph (rB) inserted by section 38(b) of Act No. 134 of 1993]

(rC) [Paragraph (rC) deleted by section 26(a) of Act No. 132 of 1992]
(s) all other matters which are by this Act required or permitted to be prescribed or which are necessary or convenient to be prescribed for securing the discipline and good government of the South African Defence Force, the Reserve, the Cadet Corps or any auxiliary or nursing service established under this Act or for carrying out and giving effect to this Act; and

[Paragraph (s) amended by section 20(a) of Act No. 39 of 1966]

(t) penalties which may be imposed for breaches of the regulations but which shall not exceed a fine of R1  000 or imprisonment for a period of six months.

[Paragraph (t) substituted by section 26(b) of Act No. 132 of 1992]

[Subsection (1) amended by section 9 of Act No. 51 of 1991]

 

(2) The Minister may under subsection (1) make different regulations for male and female persons if in his opinion the fundamental differences between the sexes necessitate the making of such different regulations.

[Subsection (2) substituted by section 26(c) of Act No. 132 of 1992]

 

(2)bis Regulations under paragraph (f)bis of sub-section (1) may provide for benefits in respect of medical, dental and hospital treatment on the basis applicable in respect of members of the Permanent Force and their families under this Act, subject to payment for such benefits from a fund established by or under such regulations, on such basis as may be specified in or determined in accordance with such regulations.

[Subsection (2)bis inserted by section 15(b) of Act No. 81 of 1964]

 

(3) Notwithstanding anything to the contrary contained in any other law, any such regulation relating to the conditions of service of members of the South African Defence Force, the Reserve, the Cadet Corps or any auxiliary or nursing service established under this Act, may be made with retrospective effect for a period not exceeding twelve months, except in so far as it provides for any reduction in the privileges of such members or for penalties in respect of acts or omissions for which no penalty was previously prescribed.

[Subsection (3) amended by section 20(a) of Act No. 39 of 1966]

 

(4) For the purposes of sub-section (1), 'motor vehicle' means any vehicle which is self propelled by mechanical or electrical power, and is intended or adapted for the conveyance of persons or goods.