Defence Act, 1957 (Act No. 44 of 1957) Chapter IX : Administration and General Powers of the State President, the Minister and Officers83A. Chief of Defence Force and Secretary for Defence to be on same hierarchical level in Department of Defence |
| (1) | Notwithstanding anything to the contrary contained in the laws governing the Public Service the Secretary for Defence and the Chief of the South African National Defence Force shall for all purposes be deemed to be on the same hierarchical level in the Department of Defence, with such division of duties, functions and responsibilities as may be determined by this Act: Provided that the Secretary for Defence— |
| (a) | shall be vested with all the powers and charged with all the duties and functions conferred or imposed on or entrusted to the head of the department by or under any law; and |
| (b) | shall not be responsible for the execution of the military duties and functions vested in the Chief of the Defence Force under this Act. |
| (2) | The terms and conditions of service of the Chief of the Defence Force shall, subject to the provisions of section 2(2) of the Public Service Act, 1994 (Proclamation 103 of 1994), be governed by this Act: Provided that the Chief of the Defence Force shall be entitled to the salary, benefits and privileges of a head of a department in terms of that Act. |
| (3) | For the purposes of the maintenance of discipline over officers within the meaning of the laws governing the Public Service who are employed in the Department of Defence, members of the Permanent Force shall be deemed to be officers within the meaning of those laws. |
[Section 83A substituted by section 8 of Act No. 4 of 1997]