Defence Act, 1957 (Act No. 44 of 1957) Chapter IX : Administration and General Powers of the State President, the Minister and Officers89. Prohibition of access to military premises |
| (1) | The Minister may by notice in the Gazette or in any other manner which he considers sufficient in the circumstances, prohibit or restrict and, in any such event, allow on such conditions as he may deem fit access of any person to any military camp, barracks, dockyard, installation, other property (whether movable or immovable) or other premises or any land or area of water which is used either temporarily or permanently by the South African Defence Force or which is under control of that Force, including any such building, premises or area which is also being used or occupied by, or is the property of, any other person or to any part thereof. |
| (2) | The officer in command (and, in the case of movable property, the officer in control) of any such camp, barracks, dockyard, installation, property, premises, land or area (in this section called military premises or property') may by order issued under his hand and made known or displayed in such manner as he considers sufficient in the circumstances, temporarily prohibit or restrict and, in any such event, allow on such conditions as he may deem fit access of any person to such military premises or property or any part thereof. |
| (3) | Any person who enters or is within or on any such military premises or property or the part thereof to which such prohibition or restriction relates, contrary to any prohibition or restriction or condition contemplated in subsection (1) or (2), shall be guilty of an offence and liable on conviction to a fine not exceeding R10 000 or to imprisonment for a period not exceeding 15 years or to both such fine and such imprisonment. |
| (3A) | No provision of this section shall be construed as derogating from the rights of the State through the South African Defence Force, or, if applicable, any other department of State under or pursuant to the Prevention of Illegal Squatting Act, 1951 (Act No. 52 of 1951), and the Minister shall for all purposes in relation to any right or expectation of the South African Defence Force to or in respect of any military premises or property in respect of which any unlawful action has been or may be taken, be competent to act as applicant, respondent, plaintiff, defendant or party in any legal proceedings. |
| (4) | The Minister or the Chief of the South African Defence Force or an officer in command referred to in subsection (2), may further undertake or cause to be undertaken the works and take or cause to be taken such measures as he considers necessary for the efficient defence, protection or safeguarding of any military premises or property, and may in connection with any works and measures so undertaken or taken cause such notices to be published or such warning notices to be displayed or erected as he may in each particular case consider necessary. |
| (5) | Neither the State nor any member of the Executive Authority nor any person in the service of the State nor any member of the South African Defence Force or the Reserve shall be liable for any loss or damage suffered by any person as a result of any bodily injury, loss of life or loss of or damage to property, whether movable or immovable, caused by or arising out of or connected with any act or omission by the State, any member of the Executive Authority, any person in the service of the State or any member of such Force or Reserve in connection with any measures taken or works undertaken for the defence, protection or safeguarding of, or the prohibition or restriction of access to, any such military premises or property. |
| (6) | For the purposes of this section (excluding subsection (2) and, in so far as it confers powers on the Chief of the South African Defence Force or an officer in command, subsection (4)), land or premises (including any part of a building) on or in which armaments as defined in the Armaments Development and Production Act, 1968 (Act No. 57 of 1968), are developed, manufactured, serviced, repaired or maintained by any person, or on or in which any function of the Armaments Corporation of South Africa, Limited, established under the said Act, is carried out, shall be deemed to be land or premises used by, or under the control of, the South African Defence Force. |
| (7) | Before any person is in terms of subsection (1) or (2) allowed access to any military premises or property, anything that may in terms of section 2(2) of the Control of Access to Public Premises and Vehicles Act, 1985 (Act No. 53 of 1985), be required of any person, may mutatis mutandis be required of him, and the conditions referred to in the said subsections (1) and (2) may include such conditions as are mentioned in section 2(3) of the said Act. |
[Section 89 substituted by section 27 of Act No. 132 of 1992]