Demobilisation Act, 1996 (Act No. 99 of 1996)Part 3 : Application of Act7. Dependant's benefit |
(1) | Notwithstanding the provisions of any other law, a surviving dependant of any person who, but for his or her death, would have been eligible for demobilisation in terms of section 5, shall, subject to subsection (3), be entitled to receive the demobilisation gratuity to which that person would have been entitled, had he or she survived. |
[Section 7(1) substituted by section 3(a) of Act No. 128 of 1998: repealed by the Defence Laws Repeal and Amendment Act, 2015 (Act 17 of 2015), GG39521, dated 15 December 2015 as per Proclamation No. 6459, GG53090, dated 30 July 2025)]
(2) | For the purposes of this section, section 5(1)(c) shall not apply in determining the eligibility of the deceased. |
[Section 7(2) substituted by section 3(a) of Act No. 128 of 1998: repealed by the Defence Laws Repeal and Amendment Act, 2015 (Act 17 of 2015), GG39521, dated 15 December 2015 as per Proclamation No. 6459, GG53090, dated 30 July 2025)]
(3) | The demobilisation gratuity referred to in subsection (1) shall, if the person referred to in that subsection— |
(a) | is survived by a spouse, be paid to that spouse; |
(b) | is survived by more than one spouse, be paid to those spouses in equal proportions; |
(c) | is not survived by a spouse but by a dependant or dependants, be paid to that dependant, or those dependants in equal proportions. |
(4) | [Section 7(4) deleted by section 3(b) of Act No. 128 of 1998 : repealed by the Defence Laws Repeal and Amendment Act, 2015 (Act 17 of 2015), GG39521, dated 15 December 2015 as per Proclamation No. 6459, GG53090, dated 30 July 2025)]. |