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

Chapter 15 : Co-operation with other forces and forces visiting Republic

94. Attachment of personnel

 

1) The Minister may—
a) temporarily attach to the Defence Force any member of a force of any country or international body who is placed at the disposal of the Minister for that purpose by the military authorities of that country or international body, as the case may be; and
b) subject to the conditions applicable to his or her service, place any member of the Defence Force at the disposal of the military authorities of any country or international body for purposes of being attached temporarily by those authorities to the forces of that country or, in accordance with sections 93 and 95, the international body, as the case may be.

 

2)
a) Subject to paragraph (b), a member of a force of any other country or international body who is attached temporarily to the Defence Force is subject to the law applying to that portion of the Defence Force to which he or she is attached and must be treated, and has the same power of command and punishment over members of the Defence Force, as if he or she were a member of that Force of a rank equivalent to that held by him or her as a member of the force of the country or international body from which he or she came.
b) The President may, by proclamation in the Gazette, direct that in relation to members of a force of any country or international body specified in the proclamation, the laws relating to the Defence Force apply with such exceptions and subject to such adaptations and modifications as may be so specified.

 

3) Sections 93 and 95 apply with the necessary changes to any member of the Defence Force placed at the disposal of the military authorities of another country by the Minister—
a) for the purpose of being attached temporarily by those authorities to a force of that country in terms of subsection (1) (b); and
b) in accordance with an international agreement, regardless of whether or not such member, in consequence of the Minister's decision, becomes attached temporarily to the defence force or any other organ of state of that other country.