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

Chapter X : Provisions Applicable in time of War or in connection with the Combating of Terrorism or in connection with an Armed Conflict outside the Republic or in connection with Internal Disorder or other Emergency

99A. Safeguarding borders of Republic

 

 

(1) The Minister may in defence of the Republic or for the prevention or suppression of terrorism cause any land to be entered upon, without the consent of any person who is or may be affected thereby, by persons with the necessary equipment and cause to be performed within a strip not exceeding 10 kilometres in width along the border between the Republic and any state or country other than the Republic, such functions as the Minister may determine.

 

(2) Without derogating from the generality of those functions, they may comprise the removal of trees, plants, buildings and structures, the erection of buildings and structures and the planting of trees and plants.

 

(3) The State, the Minister, a member of the South African Defence Force, or any other person in the service of the State or any other person shall not be liable by reason of anything done by virtue of the provisions of subsection (1).

 

(4) Any person who obstructs or hinders any person in the performance of his functions referred to in subsection (1), shall be guilty of an offence.

 

(5) Any person who without the written authority of the Minister or his deputy removes, alters, damages, destroys or interferes with anything done or effected or planted on land by virtue of the provisions of subsection (1), shall be guilty of an offence.

 

[Section 99A inserted by section 3(1) of Act No. 49 of 1978]

 


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