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

Chapter VI : The Reserve

46. Controlled Reserve

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(1)Notwithstanding anything to the contrary in any law contained, the Controlled Reserve shall consist of—

(a)

(i)subject to the provisions of section 66(2)(a)(ii), all persons who have served in the Permanent Force in a permanent or a temporary capacity, or in both such capacities, for a total period of not less than one year;
(ii)all persons who have served in the Citizen Force as members thereof but excluding those who are in terms of section 89A deemed to be such members on account of their service in that Force,

and whose service therein has, for whatever reason, terminated within a period of 15 years before the commencement of the Defence Second Amendment Act, 1993, or whose service therein, for whatever reason, terminates on or after the commencement of the said Act; and

(b)all persons who have at any time within a period of 15 years before the commencement of the said Defence Second Amendment Act, 1993, or who, on or after the commencement of that Act, after having been allotted to the commandos in terms of section 67(1)(b), completed service in the commandos in terms of section 44(3)(b) for a period of not less than 16 years.

 

(2)Subject to section 53(2), no person referred to in subsection (1)(a)(i), other than—
(a)an officer who has in terms of section 86 tendered the resignation of his commission and appointment or whose commission has been cancelled or is deemed to have been cancelled in terms of section 83;
(b)an other rank who has been discharged with ignominy or otherwise from the South African Defence Force,

shall serve in the Reserve in a rank lower than that which he held in the Permanent Force at the termination of his service therein, and no person shall serve in the Controlled Reserve for a period exceeding 16 years or beyond his sixty-fifth year.

 

[Section 46 repealed by section 12 of Act No. 103 of 1982 and inserted by section 18 of Act No. 134 of 1993]