Defence Act, 1957 (Act No. 44 of 1957) Chapter IX : Administration and General Powers of the State President, the Minister and Officers83. Commission |
(1)
| (a) | The State President may confer a commission, other than a temporary commission, on any citizen who is a member of the South African Defence Force and who has successfully completed the prescribed period of probation, and may issue to such citizen a Deed of Commission bearing his signature or a replica thereof. |
| (b) | The Minister may confer a temporary commission in the South African Defence Force on any citizen or any other person who is or who is eligible to become a member of such Force. |
| (2) | Subject to the provisions of subsection (3), a citizen on whom a commission has been conferred in terms of subsection (1)(a), shall retain his commission on being transferred to the Reserve. |
(3)
| (a) | Subject to the provisions of paragraph (c), all officers of the South African Defence Force or the Reserve on whom commissions have been conferred by the State President shall hold their commissions during the pleasure of the State President, but the commission of an officer shall not be cancelled without the holder thereof, being notified in writing of any complaint or charge made against him and of any action proposed to be taken in respect thereof, nor without his being called upon to show cause in relation thereto: Provided that no notification shall be necessary in the case of an officer absent from duty without leave for a period of three months or more, or an officer of the Reserve who has failed to advise the prescribed officer of any change in his address in accordance with any requirement of this Act. |
| (b) | Subject to the provisions of paragraph (c), all officers of the South African Defence Force on whom temporary commissions have been conferred, shall hold their commissions during the pleasure of the Minister. |
| (c) | The commission (including a temporary commission) of any officer shall terminate and shall be deemed to have been cancelled— |
| (i) | [Subparagraph (i) deleted by section 2(a) of Act No. 105 of 1997] |
| (ii) | on the date on which effect is given to a sentence of cashiering or dismissal from the South African Defence Force which may have been imposed upon him; |
| (iii) | on the date on which he is imprisoned pursuant to a sentence of imprisonment imposed upon him by a competent court (whether with or without the option of a fine): |
Provided that if any such sentence has been imposed by a military court, such commission shall not terminate and shall not be deemed to have been cancelled unless such sentence is confirmed under the First Schedule and, if under any law it may not be carried into effect or be executed (as the case may be), although it has thus been confirmed, unless and until it has been reviewed and endorsed by a board or council of review or, unless and until the finding in question as well as the sentence has been endorsed by a council of review as being in accordance with real and substantial justice, it has after such confirmation been thus reviewed and endorsed or been thus endorsed, as the case may be.
[Paragraph (c) amended by section 2(b) of Act No. 105 of 1997]
| (4) | Any person whose commission has been cancelled under this section or who has resigned his commission in terms of section 86, shall within 14 days after receipt of notice to that effect addressed to him by registered post to his registered address, deliver or cause to be delivered his Deed of Commission to the officer mentioned in such notice. |
| (5) | Any person who fails to comply with the provisions of subsection (4), shall be guilty of an offence. |
| (6) | The appointment in the South African Defence Force of any person whose commission has been cancelled under this section, other than a person liable for service in the Citizen Force, the commandos or the Reserve, shall be terminated simultaneously with such cancellation, but no citizen shall thereby become exempt from the liability to render service in terms of Chapter X. |
[Section 83 substituted by section 39 of Act No. 87 of 1984]