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Table of Contents
Defence Act, 2002 (Act No. 42 of 2002)
Notice No. 258 of 2003
Act
Chapter 1 : Introductory Provisions
1. Definitions
2. Principles
3. Application of Act
4. Secretary for Defence and Chief of Defence Force exercise powers under direction of Minister
4A. Military Command of Defence Force
Chapter 2 : Department of Defence
5. Composition of Department of Defence
6. Establishment of Defence Secretariat
7. Secretary for Defence
8. Functions of Secretary for Defence
9. Delegation of powers and assignment of duties by Secretary for Defence
10. Departmental investigations by Secretary for Defence
11. Composition of South African National Defence Force
12. Services of Defence Force, and structural components
13. Chief of Defence Force, and appointment of other members of Military Command
14. Functions of Chief of Defence Force
15. Delegation of powers by Chief of Defence Force
16. Establishment of auxiliary service, and terms and conditions of service
17. Existing auxiliary services
Chapter 3 : Employment and use of Defence Force
18. Employment of Defence Force
19. Employment in co-operation with South African Police Service
20. Powers and duties of members while being employed
Chapter 4 : Law Enforcement Powers of Defence Force at Sea
21. Definitions
22. Criminal and civil law enforcement by Defence Force
23. Interests to be considered
24. Piracy
25. Seizure of pirate ship or aircraft
26. Right of visit on high seas by warships of Defence Force
27. Hot pursuit of ships
28. Warships or military aircraft of Defence Force to render assistance
29. Co-operation with foreign states
Chapter 5 : Military Police
30. Appointment of military police officials
31. Functions of military police officials
Chapter 6 : Defence Intelligence
32. Definitions
33. Intelligence Division of Defence Force
34. Application of strategic and operational intelligence
35. Co-operation with other intelligence services
36. Counterintelligence by Intelligence Division
37. Determination of security classification of members and employees
38. Discharge of members or employees not issued with security clearances
39. Notification of security clearance or refusal thereof
40. Personnel Security Review Board
41. Review by Review Board
42. Inspector-General of Department to monitor Intelligence Division
Chapter 7 : Council of Defence and other Councils
43. Establishment and composition of Council of Defence
44. Functions of Council of Defence
45. Establishment and composition of Defence Staff Council
46. Functions of Defence Staff Council
47. Other councils that may be established
48. Establishment of Reserve Force Council
Chapter 8 : Limitations on Rights of Members of Defence Force
49. Application
50. Limitations of rights
Chapter 9 : Employment in Defence Force
51. Application
52. Regular Force
53. Reserve Force
54. Commissioned officers in Defence Force
55. Pay, salaries and entitlements
56. Protection of members on active service
57. Compensation in case of injury or disability
58. Obligation to serve in time of war, state of national defence or state of emergency
59. Termination of service of members of Regular Force
60. Legal representation for members
61. Procedures for redress of grievances
62. Religious observance in Defence Force
62A. Establishment and composition of Defence Force Service Commission
62B. Functions of Commission
62C. Appointment of members of Commission and conditions of service
62D. Disqualification from membership and removal from office
62E. Vacation of office
62F. Meetings of Commission
62G. Committees of Commission
62H. Reporting
62I. Staff of Commission
62J. Funding
62K. Intervention by Minister
62L. Regulations in respect of Commission
Chapter 10 : Training
63. Defence training institutions
64. Discipline
65. Designation of areas for training
Chapter 11 : Exemptions from, and deferment of, training and service
66. Exemption boards
67. Application for exemption
68. Powers and duties of board
69. Offences by witnesses summoned or subpoenaed by board
70. Appeal to Minister
71. Manner of appeal
72. Decision on appeal, and notice
Chapter 12 : Ceremonial Decorations, medals, awards, flags and accoutrements
73. Institution of decorations and medals
74. Rules and regulations
75. Award of decorations and medals
76. Wearing of decorations and medals
77. Order of precedence
78. Display of insignia
79. Antecedent honours and medals
Chapter 13 : General Administration and Support
80. General powers of Minister
81. Delegation of powers and assignment of duties by Minister
82. Regulations
83. Protection of defence assets
84. Exemptions applicable to Defence Force
85. Exclusion of liability
86. Right of recourse in respect of expenditure for injuries of members
87. Indemnity in respect of trespass and nuisance
88. Permission to enter upon private land for national border control
Chapter 14 : State of National Defence
89. Declaration of state of national defence
90. Mobilisation during state of national defence
91. State of national defence regulations
Chapter 15 : Co-operation with other forces and forces visiting Republic
92. Agreements
93. Service by members in fulfilment of international obligation
94. Attachment of personnel
95. Command over members serving under control of international body
96. Command over members serving together with other military force
97. Discipline and internal administration of visiting forces
98. Application of laws in relation to visiting forces
99. Deserters from visiting forces
100. Inquests and removal of bodies of deceased members of visiting forces
Chapter 16 : Boards of Inquiry
101. Convening boards of inquiry
102. Attendance of persons at board of inquiry, and witnesses
103. Board of inquiry in relation to absence without leave
Chapter 17 : Offences and Penalties
104. Offences and penalties
105. Offensive behaviour
Chapter 18 : General
106. Repeal of laws, and savings
107. Short title and commencement
Schedule
Laws repealed (section 106)
Regulations
[Repealed] Regulations for the Reserve Force, 2009
[Repealed] Notice No. R. 799 of 2009
1. [Repealed] Definitions
2. [Repealed] Scope of application
3. [Repealed] Rank structure in Reserve Force
4. [Repealed] Post requirements
5. [Repealed] Enrolment requirements, procedures and conditions
6. [Repealed] Prohibition on re-enrolment of former Defence Force members
7. [Repealed] Selection boards
8. [Repealed] Authorization of appointment or enrolment
9. [Repealed] Enrolment or appointment as officer or candidate officer
10. [Repealed] Probationary service
11. [Repealed] Appointment of officer commanding
12. [Repealed] Honorary appointments and ranks
13. [Repealed] Honorary members
14. [Repealed] Detached duty
15. [Repealed] Contract of service for volunteer members
16. [Repealed] Contract of service for MSDS members
17. [Repealed] Credit for service rendered
18. [Repealed] Transfers
19. [Repealed] Promotion
20. [Repealed] Taking effect of promotion
21. [Repealed] Promotion in exceptional circumstances
22. [Repealed] Warrant of appointment
23. [Repealed] Temporary higher rank
24. [Repealed] Reversion in rank
25. [Repealed] Seniority in general
26. [Repealed] Seniority of professional members
27. [Repealed] Retirement age
28. [Repealed] Termination of Service
29. [Repealed] Certificate of service
30. [Repealed] Repeal of regulations
31. [Repealed] Short title
[Repealed] Individual Grievances Regulations, 2010
[Repealed] Notice No. R. 572 of 2010
1. [Repealed] Definitions
2. [Repealed] Purpose and application
3. [Repealed] Chain of command
4. [Repealed] Designation of Formation Officer Commanding
5. [Repealed] Time frames
6. [Repealed] Lodging of grievance
7. [Repealed] Contents of grievance
8. [Repealed] Rights of member or employee
9. [Repealed] Unit Officer Commanding
10. [Repealed] Referral to Formation Officer Commanding
11. [Repealed] Formation Officer Commanding
12. [Repealed] Referral to Service or Division
13. [Repealed] Designated grievance office
14. [Repealed] Grievance Committees
15. [Repealed] Referral to Grievance Board
16. [Repealed] Grievance Board
17. [Repealed] Exhaustion of internal remedies
18. [Repealed] Transitional provisions
19. [Repealed] Short title and commencement
Individual Grievances Regulations, 2016
Notice No. R. 1263 of 2016
1. Definitions
2. Purpose and application
3. Chain of command
4. Designation of Formation Officer Commanding
5. Time frames
6. Lodging of grievance
7. Contents of grievance
8. Rights of member or employee
9. Consideration by Unit Officer Commanding
10. Referral to Formation Officer Commanding
11. Consideration by Formation Officer Commanding
12. Referral to Service or Division
13. Designated grievance office
14. Grievance Committees
15. Referral to Grievance Board
16. Grievance Board
17. Exhaustion of internal remedies
18. Repeal of regulations and transitional provision
19. Short title
Regulations for the Reserve Force Council, 2016
Notice No. 1581 of 2016
1. Definitions
2. Appointment of members of Council
3. Qualifications for members of Council
4. Vacation of office
5. Duties of Council
6. Powers of Council
7. Constitution of Council
8. Funding and financial control
9. Offences and penalties
10. Short title
Annexure
Regulations for the Reserve Force, 2017
Notice No. 527 of 2017
1. Definitions
2. Scope of application
3. Rank structure in Reserve Force
4. Post requirements
5. Enrolment requirements, procedures and conditions
6. Prohibition on enrolment of certain former Defence Force members
7. Selection boards
8. Appointment to professional posts
9. Appointment as officer or candidate officer
10. Probationary service
11. Appointment of officer commanding
12. Honorary appointments and ranks
13. Honorary members
14. Detached duty
15. Contract of service
16. Format of call-up order
17. Obligation to report change of address
18. Calculation of utilisation
19. Transfers
20. Promotion
21. Taking effect of promotion
22. Promotion in exceptional circumstances
23. Acting in higher posts
24. Warrant of appointment
25. Temporary higher rank
26. Reversion in rank
27. Seniority in general
28. Seniority of professional members
29. Retirement age
30. Termination of membership of Reserve Force
31. Termination of call-up
32. Certificate of service
33. Repeal of Regulations
34. Short Title
Annexures
Annexure A : Rank Structure for the Reserve Force
Annexure B : General Format of Service Contract for Members of the Reserve Force
Appendix 1 : Conditions of Service Applicable to Members of the Reserve Force
Appendix 2 : Service Benefits Applicable to Members of the Reserve Force
Annexure C : Call-Up Order for Reserve Force Utilisation on a Non-Continuous Basis
Annexure D : Call-Up Order for Reserve Force Utilisation on a Continuous Basis
Notices
Notice in terms of Section 19(2) of the Defence Act, 2002 (Act No 42 of 2002)
Notice No. 747 of 2020
Notice in terms of Section 19(2) of the Defence Act, 2002 (Act No 42 of 2002)
Notice No. 78 of 2021
[Repealed] Notice in terms of Section 19(2) of the Defence Act, 2002 (Act No 42 of 2002)
Notice No. 612 of 2021
Notice in terms of Section 19(2) of the Defence Act, 2002 (Act No. 42 of 2002)
Notice No. 631 of 2021
Code of Conduct
OP Prosper from 12 July 2021 - 12 October 2021
The Employment of the South African National Defence Force for Service in Cooperation with the South African Police Service in the Prevention of Crime and Maintenance and Preservation of Law and Order in the Republic of South Africa for Operation Prosper
Notice No. 613 of 2021
force
means a military force;
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