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

Chapter V : Commandos

40. Sales and loans of rifles and ammunition to members of commandos
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(1)Any person serving voluntarily as a member of a commando may be allowed to obtain a military rifle from Government stores either—
(a)by purchase at such special rates (approximating to cost price) and under such conditions as may be prescribed; or
(b)on loan for temporary use and custody on such conditions (which may include the making of a cash deposit or the giving of other satisfactory security therefor) as may be prescribed:

Provided that a member who has at any time either before or after the commencement of this Act obtained a military rifle from Government stores by purchase, shall not be entitled to receive another military rifle under this section, unless the prescribed authority referred to in subsection (3) has certified such rifle to be unserviceable or obsolete and has given permission for it to be sold or otherwise disposed of.

[Subsection (1) substituted by section 20(a) of Act No. 85 of 1967]

 

(2)Any person who has obtained a rifle under this section, shall at all times and at his own expense keep such rifle and any other arm which has been issued to him by virtue of his membership of a commando in accordance with the provisions of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969), in his personal possession and shall maintain such rifle and other arm in good order and condition at his own expense and bring them with him whenever he is called up to present himself for inspection or called out for service in terms of Chapter X of this Act.

[Subsection (2) substituted by section 15(a) of Act No. 134 of 1993]

 

(3)Any person who has been allowed to obtain a military rifle under subsection (1)(a), shall continue to serve as a member of a commando for a period of not less than five years and shall not during that period or while he is a member of a commando, sell or otherwise dispose of the rifle without the permission of a prescribed authority.

[Subsection (3) substituted by section 20(b) of Act No. 85 of 1967]

 

(4)If any such person contravenes or fails to comply with any provision of this section, or fails to comply with the conditions of purchase, or fails to render the service referred to in section 44(3)(a) for which he has been called up in any year during the aforesaid period of five years, the rifle shall be forfeited to the Government and may be taken possession of by a prescribed officer without payment of compensation or refund of the purchase price.

[Subsection (4) substituted by by section 15(b) of Act No. 134 of 1993]

 

(5)No person shall purchase or otherwise acquire from any other person any rifle which has been purchased by that other person in terms of this section, unless there be delivered to him a certificate by a prescribed officer that the conditions of purchase in terms of this section have been complied with or waived by the prescribed authority, and any such purchase or other acquisition without the delivery of such certificate shall be null and void.

 

(6)No issuer of licences under the Arms and Ammunition Act, 1969 (Act 75 of 1969), shall issue a licence under that Act in respect of any rifle which has been purchased in terms of this section unless the certificate mentioned in subsection (5) has been exhibited to him.

[Subsection (6) substituted by section 15(c) of Act No. 134 of 1993]

 

(7)Members of commandos may be permitted to purchase from Government stores, rifle components and accessories and a quantity of ammunition for target practice or competitions, at such prices and under such conditions as may be prescribed.

 

(8)Any rifle obtained by any person by purchase or on loan prior to the commencement of this Act, by virtue of his having been a member of a rifle commando established under the South Africa Defence Act, 1912 (Act No. 13 of 1912), shall be deemed to have been so obtained by such person under subsection (1) of this section.