Defence Act, 1957 (Act No. 44 of 1957)Chapter VIII : Registration and Selection of Persons for Allotment to Citizen Force, Commandos, South African Police or South African Railways Police Force72C. Procedure of boards for conscientious objection |
| (1) | A board referred to in section 72A may in connection with an application made to it under section 72B make such investigation as it may deem necessary, and for that purpose the provisions of the Commissions Act, 1947 (Act 8 of 1947), except section 1 thereof, shall apply with reference to the board, and in the application of the said provisions the reference in section 3 of that Act to the secretary of the commission shall be construed as a reference to the chairman or any member of the board or to an officer of the Department of Manpower or an officer in the public service placed at the disposal of the said Department, who has been appointed for that purpose by the Minister of Manpower. |
| (2) | The onus to prove that he is a conscientious objector who belongs to any of the categories of conscientious objectors referred to in section 72D(1)(a) and to satisfy the board of the matters referred to in section 72D(1A) shall rest upon the applicant, and he, as well as any witness whom he may desire to call, shall at their own expense appear before the board at the time and place determined by the board, and subject themselves to any investigation concerning a matter relating to such application, and such investigation shall take place at public expense: Provided that the board may grant an application without the applicant having appeared before it. |
| (3) | The procedure to be followed in respect of proceedings before the board may be prescribed by the Minister of Manpower by regulation after consultation with the board. |
| (4) | An applicant shall not be entitled to legal representation before the board. |
[Section 72C substituted by section 16 of Act No. 132 of 1992]