Defence Act, 1957 (Act No. 44 of 1957) Chapter XI : Discipline, Legal Procedure and Offences104. Military Discipline Code |
| (1) | The provisions of the First Schedule together with the rules made under subsection (3) shall comprise, and may for all purposes be cited as, the Military Discipline Code. |
(2)
| (a) | The State President may, with the approval by resolution, of Parliament, by proclamation in the Gazette insert any new provision in or amend or repeal any provision of the First Schedule. |
[Paragraph (a) amended by section 36 of Act No. 132 of 1992]
| (b) | The State President may exercise any of the powers conferred upon him by paragraph (a) with regard to sections 58 to 59 of the First Schedule with retrospective effect: Provided that in so doing he shall not create any offence or increase any penalty. |
[Paragraph (b) added by section 2 of Act No. 77 of 1980]
| (3) | The Minister may in consultation with a rules board consisting of the Chiefs of the Arms of the Service, the Adjutant-General and the Senior Legal Officer of the South African Defence Force responsible for the drafting of laws and of such other persons as he may determine, make, alter or repeal such rules for giving effect to the First Schedule as he may deem necessary or expedient or as may be provided for in the said Schedule. |
[Subsection (3) amended by section 36 of Act No. 132 of 1992]
| (4) | No rule or alteration or repeal of a rule made under subsection (3) shall come into operation until a period of thirty days from the date of promulgation thereof has elapsed. |
| (5) | The Military Discipline Code shall to the extent and subject to the conditions prescribed therein, apply— |
| (a) | to all members of the Permanent Force; |
| (b) | to members of the Citizen Force, commandos and the Reserve, while they are rendering any service, undergoing any training or doing any duty in pursuance of this Act or, when liable or called up therefor, fail to render such service or to undergo such training or to do such duty; |
[Paragraph (b) substituted by section 47 of Act No. 87 of 1984]
| (c) | to all persons (other than members of a visiting force) lawfully detained by virtue of or serving sentences of detention or imprisonment imposed under the Military Discipline Code; |
[Paragraph (c) added by section 19 of Act No. 12 of 1961]
| (d) | to members of the auxiliary services, established in terms of section 80, being on service as defined in the First Schedule. |
[Paragraph (d) added by section 4 of Act No. 42 of 1979]