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

Chapter I : Definitions and Liability for Service and Training

2. Application of Act
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(1)This Act shall not apply, in so far as it relates to any liability regarding registration under this Act or to liability for service in the Citizen Force, the commandos or the Reserve—
(a)to any citizen who is a member of Parliament or of any regional government of any state, region or province into which the Republic may be divided; or
(b)to females:

Provided that the State President may with the approval, by resolution, of Parliament, by proclamation in the Gazette apply any provision of this Act to females or any class of females: Provided further that nothing in this section shall be construed as preventing any female (subject in the case of a minor to the consent of her parent or guardian) from engaging voluntarily and in accordance with regulations for service in any portion of the South African Defence Force, including service contemplated in section 22, if so prescribed, in such capacity and subject to such conditions as may be prescribed.

[Subsection  (1) substituted by section 2(a) of Act No. 134 of 1993]

 

(2)The Minister or any person duly authorized thereto by him, may exempt from service under this Act any citizen who is also a citizen of any other country or is domiciled outside the Republic, and who is a member of a military force of such other country or of the country in which he is domiciled, as the case may be, or is a member of a reserve of any such force, so long as he is by the laws of the country concerned obliged to serve or undergo training in such force or reserve.

[Subsection (2) substituted by section 2(b) of Act No. 85 of 1967]

 

(3)Subject to the provisions of subsection (4) the State President may by proclamation in the Gazette declare that any provision of this Act specified in the proclamation, other than a provision applicable in time of war only, shall to the extent so specified apply to persons who are not citizens but have been domiciled in the Republic for not less than five years, as if they were citizens.

[Subsection (3) substituted by section 2(b) of Act No. 134 of 1993]

 

(4)Any proclamation issued under subsection (3)—
(a)shall provide for exemption from liability to render service under this Act of persons who have at such time and in such manner as may be specified in the proclamation, declared that they do not intend becoming citizens;
(b)may provide for exemption from or concessions in respect of any provision applied by such proclamation, to such extent as may be specified therein;
(c)may apply the provisions of section 63 with such modifications as the State President may consider necessary in order to provide for the registration under that section of any person who has been domiciled in the Republic for five years, before the date upon which he attains the age of twenty-five years.

[Subsection (4) inserted by section 2(c) of Act No. 85 of 1967]

 

(5)The State President may at any time amend or repeal a proclamation issued under subsection (3).

[Subsection (5) inserted by section 2(c) of Act No. 85 of 1967]