Defence Act, 1957 (Act No. 44 of 1957) Chapter XI : Discipline, Legal Procedure and Offences126B. Prohibition regarding membership of trade unions and participation in strikes and protests |
| (1) | A member of the Permanent Force shall not be or become a member of any trade union as defined in section 1 of the Labour Relations Act, 1956 (Act 28 of 1956): Provided that this provision shall not preclude any member of such Force from being or becoming a member of any professional or vocational institute, society, association or like body approved by the Minister. |
| (2) | Without derogating from the provisions of sections 4(h) and 10 of the Military Discipline Code, a member of the South African Defence Force who is subject to the said Military Discipline Code, shall not strike or perform any act of public protest or participate in any strike or act of public protest or conspire with or incite or encourage, instigate or command any other person (whether or not such person is a member of the South African Defence Force or an officer or employee referred to in section 83A(2) serving in the South African Defence Force or a member of any auxiliary or nursing service established under this Act) to strike or to perform such an act or to participate in a strike or such an act. |
| (3) | A member of the South African Defence Force who contravenes subsection (1) or (2), shall be guilty of an offence. |
| (4) | For the purpose of subsection (2)— |
'act of public protest' means any act, conduct or behaviour which, without derogating from the generality of the aforegoing, includes the holding or attendance of any meeting, assembly, rally, demonstration, procession, concourse or other gathering and which is calculated, destined or intended to influence, support, promote or oppose any proposed or actual policy, action, conduct or decision of the Government of the Republic of South Africa or another country or territory or any proposed or actual policy, action, conduct or decision of any public or parastatal authority of the Republic or another country or territory or to support, promote, further, oppose or publicise any real or supposed private or public interest, object, principle, cause, concern, demand or claim, grievance, objection or outrage or to indicate, demonstrate or display real or supposed private or public support for, opposition or objection to, dissatisfaction, sympathy, association or solidarity with, or concern or outrage regarding any such policy, action, conduct, decision, interest, object, principle, cause, concern, demand or claim, grievance, objection or outrage, or to do so in relation to any event or occurrence of national or public concern or importance or significance, or eliciting national or public concern or interest, in such manner as to attract or direct thereto, or be calculated, destined or intended to attract or direct thereto, the attention of—
| (i) | any such Government or authority; |
| (ii) | any other country, territory or international or multinational organization, association or body; or |
| (iii) | the public or any member or sector of the public, whether within or outside the Republic; |
'strike' means any strike as defined in section 1 of the Labour Relations Act, 1956.
[Section 126B inserted by section 39 of Act No. 134 of 1993]