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

Schedules

First Schedule

93. Certain provisions to apply in case of particular punishments

 

 

(1) [Subsection (1) deleted by section 14 of Act No. 105 of 1997]

 

(2)

(a) Save as provided in subsection (2) of section thirty-four, no sentence of imprisonment shall be for a shorter period than thirty days.
(b) The punishment of imprisonment shall not be combined with the field punishment or the punishment of detention.

 

(3) An officer sentenced to imprisonment shall also be sentenced to be cashiered, and the latter sentence shall be executed before the officer concerned is lodged in any prison, gaol or other place to serve the sentence of imprisonment.

 

(4)

(a) A warrant officer, non-commissioned officer or private who is sentenced to imprisonment, shall also be sentenced to be discharged with ignominy.
(b) A warrant officer or non-commissioner officer who is sentenced to detention, shall also be sentenced to reduction to the ranks, and may also be sentenced to be discharged from the South African Defence Force.

 

(5) Field punishment shall be imposed only beyond the borders of the Republic and shall not be combined with the punishment of detention.

 

(6)

(a) Any person whose trial commences or is concluded after he has ceased to be subject to this Code, may on conviction, if a sentence of a fine is imposed, be sentenced to a period of imprisonment not exceeding two months in default of the payment of the fine.
(b) A sentence of imprisonment or detention shall continue to run even though the offender ceases to be subject to this Code during the currency of the sentence.