Chapter I : Definitions and Liability for Service and Training

(1)	In this Act, unless the context otherwise indicates—

"call-up"

when used as a noun, means a command addressed to any person or any category, class or group of persons liable under this Act to render service or to undergo training in the South African Defence Force or the Reserve, to render such service or to undergo such training and to do or comply with anything required in terms of any law to be done or complied with in regard to such service or training, and 'call up', when used as a verb, 'call up for service' and, in section 92bis only, 'notified' and 'authorize' have corresponding meanings;

[Definition amended by section 1(a) of Act No. 72 of 1995]

"Chief of the Defence Force"

means the Chief of the South African National Defence Force appointed in terms of section 225 of the Constitution;

[Definition inserted by section 1(b) of Act No. 72 of 1995]

"citizen"

means a South African citizen within the meaning of the South African Citizenship Act, 1949 (Act 44 of 1949);

"command"

means the military authority and responsibility of a superior officer to issue orders and directives and give commands to subordinates, and covers every aspect of military operations and administration;

[Definition inserted by section 1(a) of Act No. 4 of 1997]

"commando"

means a commando or an air commando established under this Act;

[Definition substituted by section 1 of Act No. 77 of 1963]

"court"

in relation to a visiting force, means any body which or person who by the Laws of the country to which such visiting force belongs, is empowered to investigate any matter or to try any person for an offence under the military laws of that country or to review the proceedings in connection with the investigation of any such matter or the trial of any person in respect of any such offence;

"Department of Defence"

means the Department of Defence referred to in section 4B;

[Definition substituted by section 1(b) of Act No. 4 of 1997]

"deferment"

[Definition deleted by section 1(a) of Act No. 85 of 1967]

"enrol"

in relation to any person, means accept and record the enlistment of that person as a member of any portion of the South African Defence Force;

"force"

means a military force;

"member"

includes an officer and an other rank, and in relation to a visiting force from any country, any person subject to the military laws of that country who is a member of another force and is attached to the visiting force, or is a civilian employed in connection with the visiting force, who entered into his engagement outside the Republic and is not a South African citizen within the meaning of the South African Citizenship Act, 1949 (Act 44 of 1949);

"military"

includes army, air force and naval, as well as medical service;

[Definition substituted by section 1(a) of Act No. 87 of 1984]

"military court"

means a military court as defined in section 1 of the Military Discipline Supplementary Measures Act, 1999;

[Definition substituted by section 43(b) of Act No. 16 of 1999]

"Military Discipline Code"

means the Military Discipline Code as defined in section one hundred and four;

"Minister"

means the Minister of Defence;

"officer"

in relation to the South African Defence Force or the Reserve, means a person on whom a commission has been conferred under section 83 and who has been appointed to officer's rank;

[Definition substituted by section 1(b) of Act No. 87 of 1984]

"order"

means a written order by an appropriate officer and may be a unit, formation or force order;

[Definition inserted by section 1(d) of Act No. 72 of 1995]

"other force"

means a military force of a country or state other than the Republic;

"other rank"

means a person other than an officer;

"prescribed"

means—

(a)

in relation to any matter affecting the salaries, pay or allowances of members of the South African Defence Force, the Reserve, the Cadet Corps or any auxiliary or nursing service established under this Act, determined by the Minister for the Public Service and Administration under section 82bis; and

[Paragraph (a) substituted by section 35(1) of Act No. 47 of 1997]

(b)	in relation to any other matter, prescribed by regulation;

[Definition amended by section 20(a) of Act No. 39 of 1966]

"registered address"

in relation to a person, means the address of that person as notified from time to time to the proper authority in terms of this Act and, in respect of a pupil as contemplated in section 63, also the address of the school, college or institution attended by such pupil for the duration of such attendance;

[Definition substituted by section 1(a) of Act No. 134 of 1993]

"regulation"

means a regulation made and in force under this Act;

"senior certificate"

means a school-leaving certificate issued by the South African Certification Council under section 9 of the South African Certification Council Act, 1986 (Act 85 of 1986), or a senior certificate issued by any person or authority under any law which was in force before the commencement of the said Act;

[Definition inserted by section 1(b) of Act No. 134 of 1993]

"Republic"

[Definition deleted by section 1(c) of Act No. 132 of 1992]

"Secretary"

means the Secretary for Defence appointed under section 7B(1);

[Definition inserted by section 1(e) of Act No. 72 of 1995]

"service in defence of the Republic"

means military service and "operations in defence of the Republic" means military operations—

(a)	in time of war; or

(b)	in connection with the discharge of the obligations of the Republic arising from any agreement between the Republic and any other state; or

(c)	for the prevention or suppression of any armed conflict outside the Republic which, in the opinion of the State President, is or may be a threat to the security of the Republic;

[Definition substituted by section 1 of Act No. 35 of 1977]

"service in the merchant fleet"

[Definition deleted by section 1 of Act No. 103 of 1982]

"terrorism"

means terroristic activities in the Republic or directed against the Republic or any authority in or inhabitants of the Republic;

[Definition inserted by section 1(b) of Act No. 1 of 1976]

"this Act"

includes any rule or regulation made thereunder;

"time of war"

means any time during which an actual state of war exists or may in the opinion of the State President be anticipated;

"Treasury"

includes any officer of the Department of State Expenditure who has been authorized by the Minister of Finance to perform any function assigned to the Treasury in this Act;

[Definition substituted by section 1(f) of Act No. 72 of 1995]

"Visiting force"

means a military force of any country present in the Republic at any time with the consent of the Government of the Republic.

(2)	Any reference in this Act to a year, when used in conjunction with an ordinal numeral adjective to denote the age of a citizen, shall be construed as a reference to the calendar year in which the age indicated by such ordinal numeral adjective is attained.

(3)	Any reference in this Act to any liability to render service in the South African Defence Force or the Reserve shall be construed as including a reference to a liability to undergo training therein.

[Subsection (3) inserted by section 1(b) of Act No. 85 of 1967]

Defence Act, 1957 (Act No. 44 of 1957)