Chapter XIII : General > 149bis. Non-liability of department

(1)

The Government or any person in the service of the State shall not be liable (except in the case of any wilful act or omission on the part of any such person) to any other person, irrespective of whether such other person is a person referred to in paragraph (a), (b) or (c) of subsection (3) of section 76 or not (except any person who is an officer or employee of the State acting in the execution of his duty as such), who makes use of any vehicle, aircraft or vessel which is the property of the State in the South African Defence Force or which is private property which has been appropriated by the State for use by its officers or employees, or which has been hired by the State and is used by the lessor or his employees for or on behalf of the State, or to whom services are rendered by the said Force or who makes use of any other property of the State in the South African Defence Force, or to the spouse, or any parent, child or other dependant of such other person, for any loss or damage resulting from any bodily injury, loss of life or loss of or damage to property caused by or arising out of or in any way connected with the use of any such other property.

[Subsection (1) amended by section 36 of Act No. 132 of 1992]

(2)

Whenever the Government has paid any compensation in respect of a claim by any person for any such loss or damage, the Government may, without having obtained any formal cession of the right of action, recover from the appropriate person referred to in any of the aforementioned paragraphs, the amount paid by way of compensation or so much thereof, if anything, as the Minister in consultation with the Minister of Finance (or any person acting under the Minister's authority in consultation with any officer in the Department of Finance deputed thereto by the Minister of Finance) considers the circumstances justify the Government in claiming.

[Section 149bis inserted by section 25 of Act No. 12 of 1961]