Defence Act, 1957 (Act No. 44 of 1957)Chapter I : Definitions and Liability for Service and Training4A. Prohibition or refusal to employ on ground of liability to serve in Citizen Force or Commando |
| (1) | Any person who— |
| (a) | refuses an application for employment in his service or in the service of any other person, made by a person who is liable in terms of section 21 or 35 to serve in the Citizen Force or a commando, on the ground of such person's liability to serve as aforesaid; or |
| (b) | in any notice or advertisement inviting applications for employment in his service or in the service of any other person, declares or otherwise indicates that he or such other person is not prepared to employ any person who is liable as aforesaid, |
shall be guilty of an offence.
| (2) | If in any prosecution under subsection (1)(a) it is proved that the accused refused an application made by a person who is liable in terms of section 21 or 35 to serve in the Citizen Force or a commando, and that he knew at the time of the refusal that such person was so liable, it shall be presumed, until the contrary is proved, that he refused the application solely on the ground of such person's liability to serve as aforesaid. |
[Section 4A inserted by section 1 of Act No. 83 of 1974]