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

Chapter 11 : Exemptions from, and Deferment of, Training and Service

66. Exemption boards

 

1) The Minister must establish such number of exemption boards as may be necessary.

 

2) The functions of a board are to hear applications by members of the Regular Force or the Reserve Force for their exemption from or the deferment of the whole or any part of their training or service, as the case may be.

 

3)
a) A board must consist of no more than five members appointed by the Minister of whom at least one must be—
i) a person from outside the Department who is a fit and proper person for appointment as Chairperson;
ii) a member of the Regular Force of the rank of warrant officer or higher who is sufficiently experienced in operational and personnel matters of the Defence Force; and
iii) a member of the Reserve Force of the rank of warrant officer or higher who is sufficiently experienced in operational and personnel matters of the Defence Force.
b) The Minister may appoint alternate members to take the place of members who are absent from any meeting of a board, and at any such meeting an alternate member has the same rights and obligations as the member replaced by him or her.
c) If the Chairperson, or his or her alternate, is absent from a meeting of the board, the members present must elect one of their number to preside at that meeting and that member may during that meeting perform all the functions of the Chairperson.
d) A quorum at a meeting of a board is constituted by the Chairperson, one member contemplated in paragraph (a) (ii) and one member contemplated in paragraph (a) (iii).
e) The decision of the majority of the members of a board present at a meeting is the decision of the board, and in the event of an equality of votes concerning any matter, the member presiding has a casting vote in addition to his or her deliberative vote.

 

4) The Minister may make such rules as may be necessary for regulating the procedure and the conduct of the business of a board.

 

5) A member of a board who is not in the full-time employ of the Defence Force or the Public Service must be paid such remuneration and allowances in respect of his or her services as the Minister may determine, with the concurrence of the Minister of Finance.

 

6) A board which has granted or denied the application for exemption from or deferment of training and service may, if it is satisfied that the facts upon which such decision is founded have changed, and after having afforded all interested parties an opportunity of being heard, withdraw or amend its decision with effect from a date determined by the board.

 

7) Subject to the Promotion of Access to Information Act, 2000 (Act 2 of 2000), no person may disclose any information obtained in the exercise of his or her powers or the carrying out of his or her duties relating to the deliberations or evidence brought before a board in terms of this Act without prior authority from the Minister.