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

Chapter VI : The Reserve

52. Liability of members of reserves for service
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(1)        A member of the Reserve—

(a)shall be liable to render service in terms of Chapter X; and
(b)may in addition be called up at any time, on the instructions of the Minister, to render service, other than service contemplated in paragraph (a), irrespective of whether or not such service is service as contemplated in section 3(2)(a).

[Paragraph (b) substituted by section 24(a) of Act No. 134 of 1993]

[Subsection (1) substituted by section 28(a) of Act No. 87 of 1984]

 

(2)Any member of the National Reserve or the Controlled Reserve, other than a person referred to in section 46(2), may be required to render service as contemplated in subsection (1), in any portion of the South African Defence Force in a rank lower than that which he holds in the Reserve concerned, and such a member shall, while thus rendering service, be deemed to be a member of the Citizen Force, unless he is rendering service in a commando and is in terms of the regulations deemed to be a member of a commando.

[Subsection (2) substituted by section 24(b) of Act No. 134 of 1993]

 

(3)Any member of the Reserve whose services are, under circumstances or for service not contemplated in Chapter X, required for any service mentioned in section 3(2)(a), shall be called up for service in terms of subsection (1)(b) and may, notwithstanding the provisions of section 92ter, after having been so called up but before commencing with such service or while he is rendering such service, be employed for such service in terms of section 92ter, and any such person who, after having been called up for service but before commencing with it, is so employed, shall be deemed to be lawfully employed on such service within the contemplation of section 92ter and he may be attached to any portion of the South African Defence Force as may be required.

[Subsection (3) substituted by section 24(c) of Act No. 134 of 1993]

 

(3)[Subsection (3) deleted by section 28(d) of Act No. 87 of 1984]

 

(4)No member of the Reserve called up for service in terms of subsection (1)(b) shall be required at any time to serve in any portion or portions of the South African Defence Force for a continuous period exceeding three months during a calendar year.

[Subsection (4) substituted by section 28(e) of Act No. 87 of 1984]

 

(5)If a person has been called up under the provisions of subsection (1) or (3) the Minister shall within fourteen days of such calling up communicate the reasons therefor to Parliament, if Parliament is then in session, or, if Parliament is not then in session, within fourteen days after the commencement of its next ensuing session.

[Subsection (5) substituted by section 28(f) of Act No. 87 of 1984]

 

(5)bis[Subsection (5)bis deleted by section 28(g) of Act No. 87 of 1984]

 

(6)

(a)The calling up of a person in terms of subsections (1) (b) and (3) shall be effected by means of a registered letter addressed to him at his registered address or the address where he happens to be by a prescribed officer or by means of a letter by such an officer served on him personally, and such letter shall state the date on which and the place where his service is to commence, and such date shall be such and the letter shall be so posted or, as the case may be, so served that he receives reasonable notice of the call-up.

[Paragraph (a) substituted by section 9(c) of Act No. 132 of 1992]

(b)The letter referred to in paragraph (a) shall state—
(i)the date on which and the place where the service is to be commenced;
(ii)when applicable, the service referred to in section 3(2) for which the person during his service is to be employed in terms of section 92ter; and
(iii)the duration of any service.

[Subsection (6) substituted by section 28(h) of Act No. 87 of 1984]

 

(6)[Subsection (6) deleted by section 27(e) of Act No. 85 of 1967]