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Defence Act, 2002 (Act No. 42 of 2002)

Chapter 9 : Employment in Defence Force

53. Reserve Force

 

1)
a) The members of the Defence Force who immediately before the commencement of this Act were serving voluntarily in a component known as the Citizen Force or the Commandos, must be regarded as having been enrolled as members of the Reserve Force in terms of this section, and any rights, privileges, duties, capacities and legal position not excluded by this Act that applied to them immediately before the commencement of this Act, apply to them for the remainder of the predetermined period of the said voluntary service.
b)
i) The members of the Defence Force contemplated in paragraph (a) must, within 18 months after the commencement of the Defence Amendment Act, 2010, enter into a contract of service with the Defence Force as contemplated in subsection (1A)(a).
ii) Should any such members fail to conclude a contract contemplated in subparagraph (i), the Minister must give the member notice of his or her intention to terminate the membership of the member and afford such member a reasonable opportunity to conclude the contract.
iii) The Minister must terminate the membership of the member if such member fails to conclude the contract following the notice contemplated in subparagraph (ii)

 

1A)
a) Any member of the Reserve Force is liable to render service in terms of a contract entered into between the Defence Force and such member.
b) The content and format of the contract contemplated in paragraph (a) must be prescribed.
c) The period for which a member of the Reserve Force must render the service contemplated in paragraph (a) and the calculation thereof must be prescribed.

 

2) The terms and conditions of service as well as conditions for and procedures regarding enrolment, appointment, promotion, transfer and termination of service, but excluding remuneration, in the Reserve Force must be prescribed.

 

3) All benefits and allowances accruing to a member of the Reserve Force, including a travel allowance scheme, must be prescribed.

 

3A)
a) A Reserve Force member must comply with a call-up order issued by that member's commanding officer in terms of which such member must report for service as contemplated in this Act or the Constitution.
b) The content and format of such call-up order must be prescribed.

 

4) Any member of the Reserve Force may, on a voluntary basis, render service with or without remuneration in addition to service stipulated in his or her contract of service under such terms and conditions as may be prescribed.

 

4A) Where a Reserve Force member's period of service terminates, lapses or expires during any form of employment contemplated in section 18(1), the Minister may, with the concurrence of such member, extend such service for a period not exceeding three months or until the conclusion of the operation, whichever is the shorter.

 

5) A member of the Reserve Force, while in service, may not—
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;
c) perform any function pertaining to any political position he or she may hold.

 

6) The Reserve Force is organised, and its members are trained and render service at headquarters, or in services, formations, units, personnel musterings or military training institutions.

 

7) Any member of the Reserve Force who wishes to undergo training which cannot be fitted in within the bounds of normal Reserve Force service, may, if he or she meets the requirements for such training, enter into a specific contract with the Defence Force to undergo such training.

 

8) Every member of the Reserve Force must be provided with the basic prescribed uniform, distinctive marks, badges and accoutrements at State expense and must maintain these during his or her period of service.

 

 


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