• Defence Act, 1957 (Act No. 44 of 1957)
  • Act
  • Chapter I : Definitions and Liability for Service and Training
    • 1. Definitions
    • 2. Application of Act
    • 3. Liability for training and service
    • 4. Duties of employers
    • 4A. Prohibition or refusal to employ on ground of liability to serve in Citizen Force or Commando
    • 4B. Composition of Department of Defence
  • Chapter II : Composition and Organisation of the Department of Defence
    • 5. Composition of the South African Defence Force
    • 6. Composition of Reserve
    • 7. Organisation of South African Defence Force and Reserve
    • 7A. Establishment of Defence Secretariat
    • 7B. Secretary for Defence
    • 7C. Powers, duties and functions of Secretary
    • 7D. [Repealed]
    • 8. Powers, duties and functions of Chief of the Defence Force
  • Chapter III : The Permanent Force
    • 9. Composition and organisation of Permanent Force
    • 10. Qualifications of members of Permanent Force
    • 11. Appointment of officers
    • 12. Discharge of Officers and other ranks from Permanent Force
    • 13. [Repealed]
    • 14. Member of Permanent Force not eligible for certain offices
    • 15. Transfer from Permanent Force to Controlled Reserve
  • Chapter IV : The Citizen Force
    • 16. Composition and organisation of Citizen Force
    • 17. Officer appointments
    • 18. Promotion of officers
    • 19. Voluntary service in Citizen Force
    • 20. Voluntary temporary whole-time service
    • 21. Liability to serve in Citizen Force
    • 22. Service in Citizen Force
    • 23. [Repealed]
    • 24. Training in terms of special contracts
    • 24bis. Voluntary additional service
    • 25. [Repealed]
    • 26. Conditions of service
    • 27. Uniforms, arms and accoutrements
    • 28. [Repealed]
    • 29. Change of address
    • 30. Discharge of members of Citizen Force
    • 31. Transfer from Citizen Force to Controlled Reserve
  • Chapter V : Commandos
    • 32. Composition of commandos
    • 33. Organization of commandos
    • 34. Change of address
    • 35. Liability to serve in commandos
    • 36. Voluntary service in commandos
    • 37. Honorary members of commandos
    • 38. [Repealed]
    • 39. Issue or arms, ammunition and accoutrements to commandos
    • 40. Sales and loans of rifles and ammunition to members of commandos
    • 41. Inspection of rifles, ammunition and accoutrements
    • 42. Rifle ranges
    • 42bis. Aircraft for training of air commandos
    • 43. [Repealed]
    • 44. Service in commandos
    • 44A. Transfer from commandos to Controlled Reserve
    • 45. Discharge of officers and other ranks from commandos
  • Chapter VI : The Reserve
    • 46. Controlled Reserve
    • 47. [Repealed]
    • 48. [Repealed]
    • 48A. [Repealed]
    • 49. Composition of National Reserve
    • 50. Organisation of Reserves
    • 51. Training of Reserves
    • 52. Liability of members of reserves for service
    • 52A. Voluntary training and service in Reserve
    • 53. Conditions of service in Controlled Reserve
    • 54. Liability to report
    • 55. Liability to maintain uniform and equipment
  • Chapter VII : The Cadet Corps
    • 56. Establishment and organisation of Cadet Corps
    • 57. Liability for service as a cadet
    • 58. Extension of period of cadet training
    • 59. [Repealed]
    • 60. [Repealed]
    • 61. Cost of training to be defrayed by State
  • Chapter VIII : Registration and Selection of Persons for Allotment to Citizen Force, Commandos, South African Police or South African Railways Police Force
    • 62. Appointment of registering officer
    • 63. Registration
    • 64. Notification of address
    • 65. Voluntary enrolment in lieu of service after ballot
    • 66. Preparation of ballot lists
    • 66A. Number of persons to be trained
    • 66B. Ballot
    • 67. Allotment to Citizen Force and commandos
    • 67A. [Repealed]
    • 68. Exemption boards
    • 69. Application for deferment of or exemption from service or allotment to commandos, and procedure of exemption boards
    • 70. [Repealed]
    • 70bis. Powers of exemption board in regard to application for deferment of or exemption from training
    • 70ter. Withdrawal of decision of exemption board
    • 71. Exemption from service if medically unfit
    • 72. [Repealed]
    • 72A. Boards for religious objection
    • 72B. Application for classification as conscientious objector
    • 72C. Procedure of boards for conscientious objection
    • 72D. Powers of boards for conscientious objection
    • 72E. Service by classified conscientious objectors
    • 72F. Withdrawal or amendment of decision of board of conscientious objection
    • 72G. Regulations relating to community service
    • 72H. Participation in political activities
    • 72I. Offences by conscientious objectors, and documentary evidence
  • Chapter IX : Administration and General Powers of the State President, the Minister and Officers
    • 73. Council of Defence
    • 74. Defence Staff Council
    • 74bis. Manpower board
    • 75. Establishment of commands, areas, headquarters, services, formations, units and personnel musterings
    • 76. General powers of Minister
    • 77. Military training institutions
    • 78. [Repealed]
    • 79. Areas for training
    • 80. Establishment of auxiliary services
    • 81. Voluntary nursing service
    • 82. [Repealed]
    • 82bis. Salaries, pay and allowances to be determined by Minister for the Public Service and Administration
    • 83. Commission
    • 83A. Chief of Defence Force and Secretary for Defence to be on same hierarchical level in Department of Defence
    • 84. Retirement of officers
    • 85. Termination of service
    • 86. Resignation of officers
    • 87. Regulations
    • 88. Protection of defence stores
    • 89. Prohibition of access to military premises
    • 89A. Service in Citizen Force or commandos
  • Chapter X : Provisions Applicable in time of War or in connection with the Combating of Terrorism or in connection with an Armed Conflict outside the Republic or in connection with Internal Disorder or other Emergency
    • 90. Employment of Permanent Force
    • 91. Mobilization of Citizen Force, Reserve and commandos in time of war
    • 92. Mobilization of Citizen Force, Reserve and commandos for the combating of terrorism, internal disorder or other emergency
    • 92bis. Notification to persons called out
    • 92ter. Persons performing service or undergoing training may be employed in terms of section 3(2)
    • 93. Definition of expression 'any portion'
    • 94. [Repealed]
    • 95. Compulsory service outside the Republic
    • 96. Release and discharge from service
    • 97. Exemption from service
    • 98. Appointment and proceedings of exemption boards
    • 99. Security of harbours and aerodromes
    • 99A. Safeguarding borders of Republic
    • 100. Commandeering
    • 101. Censorship
    • 102. Control and use of transport systems
    • 103. [Repealed]
    • 103bis. Evacuation or concentration of persons
    • 103ter. [Repealed]
    • 103quat. Compensation
  • Chapter XI : Discipline, Legal Procedure and Offences
    • 104. Military Discipline Code
    • 105. Jurisdiction of ordinary courts in regard to offences under Military Discipline Code
    • 106. Person tried once only
    • 107. [Repealed]
    • 108. Jurisdiction of military courts in respect of offences under this Act
    • 109. Offences by persons against members of other forces
    • 110. [Repealed]
    • 111. Warrants
    • 112. Place of imprisonment for military offences
    • 113. [Repealed] Limitation of actions
    • 114. Prohibition on possession of, and performance of certain acts in connection with, certain goods with certain camouflage patterns
    • 115. Misuse of uniforms
    • 116. Unauthorised use of decorations
    • 117. Use of name, title, etc indicating connection with force
    • 118. Improper disclosure of information
    • 119. Prohibition on taking of photographs or making of sketches, etc, of military premises or installations
    • 120. Obstructing South African Defence Force
    • 121. Prohibition of certain acts in connection with liability to render service
    • 121A. Prohibition of certain acts in connection with service as mercenaries
    • 122. Offences relating to intoxicating liquor
    • 123. Personation
    • 124. Offences in connection with commandeering
    • 125. Wrongful disposal of property
    • 126. [Repealed]
    • 126A. Refusal or failure of service
    • 126B. Prohibition regarding membership of trade unions and participation in strikes and protests
    • 126C. Labour matters
    • 127. Offences and penalties
  • Chapter XII : Visiting and Other Forces
    • 128. Discipline and internal administration of visiting forces
    • 129. Relations of visiting forces to the civil power and civilians
    • 130. Deserters from other forces
    • 131. Attachment of personnel
    • 132. Members of visiting forces not subject to jurisdiction of local courts in certain respects
    • 133. Mutual powers of command
    • 134. Proof of membership of visiting force
    • 135. Inquests on and removal of bodies of deceased members of visiting forces
  • Chapter XIII : General
    • 136. Decorations and medals
    • 137. Language of instruction
    • 138. Where service is to be performed
    • 139. Pay and allowances not to be assigned or attached
    • 140. Exemption from stamp duties
    • 141. Exemption from registration and licensing of defence vehicles and drivers
    • 142. Exemption from laws relating to conveyance of firearms
    • 143. Exemption from tolls and like payments
    • 144. Railway charges
    • 144bis. Compulsory immunization and prophylaxis
    • 145. [Repealed]
    • 145A. Payment of the remuneration of a missing member of the South African Defence Force
    • 145B. Payment of remuneration of member of South African Defence Force who has been taken prisoner of war
    • 146. Injuries received or illness contracted on service or training
    • 146A. Date of membership of Citizen Force or commandos
    • 146B. [Repealed]
    • 147. Conveyance of members of South African Defence Force
    • 148. Clubs, messes, etc
    • 149. Exemption from licences, etc
    • 149bis. Non-liability of department
    • 149ter. Right of recourse of Government in respect of expenditure for injuries of members
    • 149quat. Indemnity in respect of trespass and nuisance
    • 150. Presumption as to delivery of notices
    • 151. Act to apply both within and outside Republic
    • 152. Repeal of laws and savings
    • 153. Delegation of powers by Chief of South African Defence Force
    • 154. Short title and commencement
  • Schedules
    • First Schedule
      • 1. Definitions
      • 2. [Repealed]
      • 3. Application of code beyond area of compulsory service
      • 4. Offences endangering safety of forces
      • 5. Offences by a person in command of troops, vessels or aircraft
      • 6. Offences in relation to conduct in action
      • 7. Offences relating to failure to report activities likely to endanger safety of force
      • 8. Offences relating to signals, watchwords and disclosure of information
      • 9. Interference with aircraft, vehicles, vessels, etc
      • 10. Mutiny
      • 11. Interference with guards, sentries, etc
      • 12. Dereliction of duty by sentry, watchkeeper, etc
      • 13. Desertion
      • 14. Absence without leave and non-attendance where required to attend
      • 15. Assaulting superior officer
      • 16. Assaulting or ill-treating subordinate
      • 17. Using threatening, insubordinate or insulting language
      • 18. Malingering, feigning or producing disease, maiming, etc
      • 19. Disobeying lawful commands or orders
      • 20. Theft of public property or property belonging to comrade, mess, etc
      • 21. Offences in relation to the acquisition or disposal of public property
      • 22. Causing or allowing a vessel or aircraft to be hazarded, stranded or wrecked
      • 23. Abandoning or diverting public property or supplies
      • 24. Negligently losing kit, equipment, arms, etc
      • 25. Negligently or wilfully causing damage to or destruction of public property
      • 26. Deficiencies in stores, etc
      • 27. Using or taking article issued to or under control of another person
      • 28. Offences in relation to the driving of vehicles and the flying of aircraft
      • 29. Fraudulent enlistment
      • 30. False statements in official documents
      • 31. False accusations or statements
      • 32. Scandalous behaviour
      • 33. Drunkenness
      • 34. Offences in relation to a military court
      • 35. False evidence before a military court
      • 36. Refusing to answer questions or produce documents or giving false evidence at preliminary investigation, summary trial or board of inquiry
      • 37. Obstruction in relation to the arrest, custody or confinement of a person subject to the code
      • 38. Offences in relation to arrest
      • 39. Resisting arrest
      • 40. Offences in relation to a person in custody
      • 41. False complaints in writing
      • 42. Offences in relation to the redress of wrongs
      • 43. False representations concerning rank
      • 44. Offences in relation to decorations or medals
      • 45. Riotous or unseemly behaviour
      • 46. Conduct to the prejudice of military discipline
      • 47. Civil offences committed outside the Republic
      • 48. Aiding, abetting, inciting, etc
      • 49. Defeating the course of justice
      • 50. Attempt
      • 51. Alternative punishments
      • 52. Arrest
      • 53. Search
      • 54. Jurisdiction of civil courts
      • 55. Person convicted or acquitted not to be tried again
      • 56. Civil offence may be tried under code
      • 57. Territorial jurisdiction of military courts
      • 58. Prescription of offences
      • 59. Trial under code when accused no longer subject to code
      • 60. Person arrested to be brought before officer
      • 60A. [Repealed]
      • 61. [Repealed]
      • 62. [Repealed]
      • 63. [Repealed]
      • 64. [Repealed]
      • 65. [Repealed]
      • 65A. [Repealed]
      • 66. [Repealed]
      • 67. [Repealed]
      • 68. [Repealed]
      • 69. Trial of more than one person
      • 70. [Repealed]
      • 71. [Repealed]
      • 72. [Repealed]
      • 73. [Repealed]
      • 74. [Repealed]
      • 75. [Repealed]
      • 76. [Repealed]
      • 77. [Repealed]
      • 78. [Repealed]
      • 79. [Repealed]
      • 80. How charge to be framed
      • 81. More than one charge may be joined in same charge sheet
      • 82. Joinder of persons
      • 83. [Repealed]
      • 84. Rules of evidence applicable in civil courts to apply also in military courts
      • 85. Evidence must be give viva voce and in open court
      • 86. [Repealed]
      • 87. [Repealed]
      • 88. Alternative verdicts
      • 89. How finding and sentence of military court to be arrived at under certain circumstances
      • 90. [Repealed]
      • 91. [Repealed]
      • 92. One sentence imposed in respect of all the charges
      • 93. Certain provisions to apply in case of particular punishments
      • 94. [Repealed]
      • 95. Court may where applicable, order deductions or forfeitures of pay
      • 96. [Repealed]
      • 97. Acquittal is not subject to confirmation
      • 98. [Repealed]
      • 99. [Repealed]
      • 100. [Repealed]
      • 101. [Repealed]
      • 102. [Repealed]
      • 103. [Repealed]
      • 104. [Repealed]
      • 105. [Repealed]
      • 106. [Repealed]
      • 107. Reasons for judgment
      • 108. [Repealed]
      • 109. [Repealed]
      • 110. [Repealed]
      • 111. [Repealed]
      • 112. [Repealed]
      • 113. Prosecutor may make representations to council to reviews
      • 114. Council of review to hear argument in certain cases
      • 115. [Repealed]
      • 116. Reviewed finding or sentence deemed to be finding or sentence of military court
      • 117. [Repealed]
      • 118. When sentence commences
      • 119. Where sentences of imprisonment, detention or field punishment to be saved
      • 120. State President may establish prisons and detention barracks and make regulations in regard thereto
      • 121. How sentences of imprisonment and detention imposed outside the Republic to be served
      • 122. Person in charge of prison, etc, must receive and detain person charged under code
      • 123. Unsoundness of mind at time of commission of offence
      • 124. Unsoundness of mind while under arrest or in custody
      • 125. Unsoundness of mind upon arraignment or during trial in Republic
      • 126. Unsoundness of mind upon arraignment or during trial outside the Republic
      • 127. Only authorized deductions may be made from pay
      • 128. Forfeitures of pay
      • 129. Deductions from pay
      • 130. Fine may be deducted from pay
      • 131. Maintenance orders
      • 132. Garnishee orders
      • 133. General Officer Commanding may remit deductions or forfeitures
      • 134. Redress of wrongs
      • 135. Board of inquiry in relation to absence without leave
      • 136. Boards of inquiry
      • 137. Attendance of witnesses at and composition of board of inquiry
      • 138. Attendance of witnesses at military courts, preliminary investigations or boards of inquiry
      • 139. Competent but not compellable witness giving evidence outside the Republic
      • 140. Evidence
      • 141. How persons arrested for desertion or absence without leave to be dealt with
      • 142. Orders by General Officer Commanding may be signed by order, instruction or letter
      • 143. Registrar or clerk of a civil court must furnish particulars of trial by civil court of persons subject to code
      • 144. Members of South African Defence Force deemed to have been properly arrested or enrolled in certain circumstances
      • 145. [Repealed]
      • 146. [Repealed]
      • 147. Appointment and powers of chief disciplinary officer and assistants
      • 148. Restitution or confiscation of property
      • 149. Field punishment
      • 150. Exercise of powers vested in holders of military office
      • 151. Contempt of military court by person not subject to the code
      • 152. Corporal punishment may not be imposed
      • 153. Defending officer as a witness
      • 154. Trials commenced prior to commencement of code
    • Second Schedule