Defence Act, 1957 (Act No. 44 of 1957) Chapter XIII : General149ter. Right of recourse of Government in respect of expenditure for injuries of members |
| (1) | Whenever the Government— |
| (a) | has incurred any expenditure or has paid any amount in respect of medical, dental or hospital treatment of the bodily injuries of a member of the South African Defence Force or the supply of articles or the rendering of service in connection with that treatment; or |
| (b) | has made any payments in respect of any salary, pay, allowances or any compensation to the member during his incapacity, |
and the expenditure has been incurred or the payments have been made in circumstances where the member or his estate would otherwise have a claim against another person as a result of the bodily injury or incapacity of the member in respect of whom the expenditure was incurred or the payments were made, the Government shall have a right of recourse against that person for that portion of the expenditure thus incurred or payments thus made as could have been claimed by that member or his estate from such person.
| (2) | A certificate by the Chief of the South African Defence Force, or by an officer authorized thereto for that purpose by him, in which a statement of the expenditure incurred or payments made in terms of subsection (1) is given, shall on its mere production in any court be prima facie proof that the expenditure or payments referred to in that subsection were incurred or made. |
| (3) | The right of recourse referred to in subsection (1) may be exercised by the institution of an action therefor or by intervention in an action instituted by the member or his estate against the other person referred to. |
[Subsection (3) substituted by section 52 of Act No. 87 of 1984]
[Section 149ter inserted by section 17 of Act No. 34 of 1983]