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

Chapter 9 : Employment in Defence Force

58. Obligation to serve in time of war, state of national defence or state of emergency

 

1) Subject to this Act, every person who is contracted to serve in the Defence Force is obliged to serve and remain in service during a time of war, a state of national defence or a state of emergency.

 

2) Where a contract of a member of the Defence Force has been terminated, has lapsed or has expired before the outbreak of war or the declaration of the state of national defence or the declaration of the state of emergency, such contract may be renewed by the Minister so that the member may render service in a time of war, during a state of national defence or during a state of emergency, but no such contract may be extended at any one time for a continuous period exceeding three months.

 

3) Where a member's contract terminates, lapses or expires during service in a time of war, during a state of national defence or during a state of emergency, such contract may be extended by the Minister to enable the said member to remain in service for a period of three months.

 

4) Nothing in this section may be construed as prohibiting an application for exemption or deferment of service by a member of the Defence Force in terms of this Act.

 

 


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