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

Chapter 14 : State of National Defence

91. State of national defence regulations

 

1) The President may during a state of national defence, and for as long as the proclamation declaring a state of national defence remains in force, by proclamation in the Gazette, make such regulations as are necessary or expedient to deal with any circumstances which have arisen or are likely to arise as a result of the state of national defence, and make adequate provision for terminating the state of national defence.

 

2) The regulations contemplated in subsection (1) may include matters regarding—
a) persons eligible for mobilisation, including the minimum age of persons (which may not be below 18 years), and the maximum age of persons to be mobilised;
b) persons exempted from mobilisation;
c) the terms and conditions of service and training;
d) the terms and conditions of release and discharge from service;
e) the method of notification of persons to be mobilised;
f) exemptions and deferments from service, and the appointment of exemption boards;
g) the security of national key points and other places that may be designated;
h) censorship of information;
i) the evacuation or concentration of persons, including curfew laws;
j) the control and use of transport systems, air traffic and use of the territorial waters of the Republic;
k) the offences and penalties applicable for contravention of the regulations;
l) places of custody or detention; and
m) the demobilisation of persons on completion of service and when the declaration of the state of national defence is revoked.