Defence Act, 1957 (Act No. 44 of 1957) Chapter X : Provisions Applicable in time of War or in connection with the Combating of Terrorism or in connection with an Armed Conflict outside the Republic or in connection with Internal Disorder or other Emergency92ter. Persons performing service or undergoing training may be employed in terms of section 3(2) |
| (1) | Notwithstanding the provisions of section 92, a member of the Citizen Force or the Reserve or the commandos who is performing any service or duty or undergoing training in any portion of the South African Defence Force may at any time be employed as provided by section 3(2), and any such employment shall in relation to any such member have the same force and effect as if such member had been called out under section 91 or 92: Provided that, unless the period of such employment has been extended under subsection (2) of this section— |
| (a) | no service under this subsection in defence of the Republic shall extend for a period of more than four days beyond the termination of the time which would have been occupied by the service, duty or training which the member is performing or undergoing; and |
| (b) | no service under this subsection in the prevention or suppression of terrorism, or in the prevention or suppression of internal disorder in the Republic, or in the preservation of life, health or property or the maintenance of essential services, shall extend for a period of more than seven days beyond the termination of the time which would have been occupied by the service, duty or training which the member is performing or undergoing. |
[Paragraph (b) substituted by section 5 of Act No. 1 of 1976]
[Subsection (1) amended by section 36 of Act No. 132 of 1992]
| (2) | The Minister may, whenever he considers it to be necessary in the interest of the South African Defence Force or in the public interest, extend the period during which by such a period or periods as he may deem fit, but not till after the termination of six months after the termination of the time which would have been occupied by the service, duty or training which the member is performing or undergoing. |
[Subsection (2) substituted by section 7 of Act No. 68 of 1977]
| (3) | If any period of service is extended under subsection (2), the Minister shall within fourteen days of such extension 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 (3) amended by section 36 of Act No. 132 of 1992]
[Section 92ter substituted by section 8 of Act No. 83 of 1974]