Contingency Fees Act, 1997
R 385.00
Defence Act, 2002 (Act No. 42 of 2002)Chapter 9 : Employment in Defence Force52. Regular Force |
| 1) | The Regular Force consists of persons not younger than 18 years of age and not older than 65 years, whether in a permanent or temporary capacity, and is organised in the manner prescribed. |
| 2) | The terms and conditions of service in the Regular Force as well as the conditions and procedures regarding enrolment, appointment, promotion and transfer, but not remuneration, are as prescribed. |
| 3) |
| a) | The relevant provisions of any applicable law relating to the granting of pensions and related benefits, as well as any rules and regulations made in terms of or under those laws, apply to members of the Regular Force. |
| b) | The conditions contemplated in subsection (2) may provide for the payment of gratuities upon discharge to specified categories of members. |
| c) | Different conditions of service may be prescribed under subsection (2) for members of the Regular Force. |
| d) | Any member enrolled in the Regular Force must serve therein until he or she has been officially discharged therefrom. |
| 4) |
| a) | No person may enrol in the Regular Force unless he or she is a citizen. |
| b) | If a need for a specific service or capacity exists which cannot be filled by any other reasonable means, the Minister may authorise the contracting of a non-citizen in a temporary capacity for a period not exceeding three years, renewable once for a period not exceeding three years. |
| 5) |
| a) | A member of the Regular Force must place the whole of his or her time at the disposal of the State, and may not perform remunerated work or engage himself or herself to perform work outside his or her employment unless prior authority has been obtained from the Secretary for Defence. |
| b) | The Secretary for Defence may only give such authorisation if he or she is satisfied that there will be no prejudice to the Department. |
| 6) | Should a Regular Force member be granted permission to embark on a separate career while employed in the Defence Force, the interests of the State take precedence when conflict arises between the Defence Force career on the one hand and the other career on the other hand, and the member concerned must resign or temporarily vacate his or her position in his or her other career if so directed by the Secretary for Defence. |
| 7) | No member of the Regular Force may— |
| a) | further or prejudice the political interest of any political party in the performance of his or her functions; |
| b) | be politically partisan, or express any party-political allegiance, in the performance of his or her functions; or |
| c) | hold any position other than that of ordinary member in any political party. |
