| (1) |
Every person subject to this Code shall forfeit his full pay for every period during which— |
| (a) |
he has been absent from duty, whether on desertion or without leave, in respect of which he has been convicted by a competent court; |
| (b) |
he has been detained under arrest or in custody for an offence in respect of which— |
| (i) |
he has been sentenced to imprisonment; or |
| (ii) |
a sentence referred to in paragraph (d) has been imposed upon him; |
| (c) |
he has been imprisoned in pursuance of a sentence of a competent court; |
| (d) |
he has been under detention in pursuance of a sentence of a competent court with which there has been combined a sentence of discharge; |
| (e) |
he is in hospital in consequence of an offence under paragraph (b) of section eighteen of which he has been convicted by a competent court; |
| (f) |
he has been detained under arrest by or in custody of the South African Police for an offence in respect of which he has been convicted by a competent court; |
| (g) |
he is absent from duty as a prisoner of war due to his own wilful act or omission; |
| (h) |
he voluntarily serves the enemy; |
| (i) |
he has been on bail or released on his own recognizance by a civil court but failed to return to duty; or |
| (j) |
he is not on duty owing to his having been ordered by the Chief of the South African National Defence Force not to return to duty during any period subsequent to his release from arrest or custody pending or during trial, whether on bail or on his own recognizance or otherwise in respect of an offence of which he has thereafter been convicted: Provided that the provisions of this paragraph shall also apply to a person who has been convicted and intends appealing against his conviction or applying for the review of the proceedings of his case. |
[Paragraph (j) amended by section 43(b) of Act No. 16 of 1999]
| (2) |
Any person subject to this Code shall in respect of any period of detention under arrest or in custody for an offence in respect of which a sentence other than imprisonment or a sentence referred to in paragraph (d) of subsection (1), has been imposed upon him, or any period of field punishment or detention served by him in pursuances of a sentence of a competent court other than a sentence referred to in paragraph (d) of subsection (1), forfeit— |
| (a) |
if he is married or is a widower or divorced person who has a child, stepchild or legally adopted child who lives with and is maintained by him, one-third of his pay; or |
| (b) |
if he is unmarried, two-thirds of his pay. |
| (3) |
For the purpose of this section the full pay of any person subject to the Code or such portion thereof as the General Officer Commanding, South African Defence Force, or an officer authorised by him, may determine, shall be withheld as from the date upon which such person has been absent without leave, was arrested or taken into custody or detained as prisoner of war or admitted to hospital or released from arrest or custody, whether on bail, his own recognizance or otherwise, for the period during which he is so absent, under arrest or in custody, a prisoner of war, in hospital or released from arrest or custody, until such time as it has been established whether he shall forfeit his pay in terms of subsection (1) or (2). |
| (4) |
The full amount withheld under subsection (3) shall be paid to the person from whom it has been withheld if he is exonerated by any court of competent jurisdiction or if, in the opinion of the Adjutant General, he is not charged before any such court within a reasonable time. |
Public Service Commission Act, 1997
