• Defence Act, 1957 (Act No. 44 of 1957)
  • Act
  • Chapter I : Definitions and Liability for Service and Training
    • 1. Definitions
    • 2. Application of Act
    • 3. Liability for training and service
    • 4. Duties of employers
    • 4A. Prohibition or refusal to employ on ground of liability ...
    • 4B. Composition of Department of Defence
  • Chapter II : Composition and Organisation of ...
    • 5. Composition of the South African Defence Force
    • 6. Composition of Reserve
    • 7. Organisation of South African Defence Force and ...
    • 7A. Establishment of Defence Secretariat
    • 7B. Secretary for Defence
    • 7C. Powers, duties and functions of Secretary
    • 7D. [Repealed]
    • 8. Powers, duties and functions of Chief of ...
  • Chapter III : The Permanent Force
    • 9. Composition and organisation of Permanent ...
    • 10. Qualifications of members of Permanent ...
    • 11. Appointment of officers
    • 12. Discharge of Officers and other ranks ...
    • 13. [Repealed]
    • 14. Member of Permanent Force not eligible ...
    • 15. Transfer from Permanent Force to ...
  • Chapter IV : The Citizen Force
    • 16. Composition and organisation of Citizen ...
    • 17. Officer appointments
    • 18. Promotion of officers
    • 19. Voluntary service in Citizen Force
    • 20. Voluntary temporary whole-time service
    • 21. Liability to serve in Citizen Force
    • 22. Service in Citizen Force
    • 23. [Repealed]
    • 24. Training in terms of special contracts
    • 24bis. Voluntary additional service
    • 25. [Repealed]
    • 26. Conditions of service
    • 27. Uniforms, arms and accoutrements
    • 28. [Repealed]
    • 29. Change of address
    • 30. Discharge of members of Citizen Force
    • 31. Transfer from Citizen Force to ...
  • Chapter V : Commandos
    • 32. Composition of commandos
    • 33. Organization of commandos
    • 34. Change of address
    • 35. Liability to serve in commandos
    • 36. Voluntary service in commandos
    • 37. Honorary members of commandos
    • 38. [Repealed]
    • 39. Issue or arms, ammunition and accoutrements ...
    • 40. Sales and loans of rifles and ammunition ...
    • 41. Inspection of rifles, ammunition and accoutrements
    • 42. Rifle ranges
    • 42bis. Aircraft for training of air commandos
    • 43. [Repealed]
    • 44. Service in commandos
    • 44A. Transfer from commandos to Controlled Reserve
    • 45. Discharge of officers and other ranks from ...
  • Chapter VI : The Reserve
    • 46. Controlled Reserve
    • 47. [Repealed]
    • 48. [Repealed]
    • 48A. [Repealed]
    • 49. Composition of National Reserve
    • 50. Organisation of Reserves
    • 51. Training of Reserves
    • 52. Liability of members of reserves for service
    • 52A. Voluntary training and service in Reserve
    • 53. Conditions of service in Controlled ...
    • 54. Liability to report
    • 55. Liability to maintain uniform and equipment
  • Chapter VII : The Cadet Corps
    • 56. Establishment and organisation of Cadet ...
    • 57. Liability for service as a cadet
    • 58. Extension of period of cadet training
    • 59. [Repealed]
    • 60. [Repealed]
    • 61. Cost of training to be defrayed ...
  • Chapter VIII : Registration and Selection of Persons for ...
    • 62. Appointment of registering officer
    • 63. Registration
    • 64. Notification of address
    • 65. Voluntary enrolment in lieu of service ...
    • 66. Preparation of ballot lists
    • 66A. Number of persons to be trained
    • 66B. Ballot
    • 67. Allotment to Citizen Force and commandos
    • 67A. [Repealed]
    • 68. Exemption boards
    • 69. Application for deferment of or exemption ...
    • 70. [Repealed]
    • 70bis. Powers of exemption board in regard to ...
    • 70ter. Withdrawal of decision of exemption board
    • 71. Exemption from service if medically unfit
    • 72. [Repealed]
    • 72A. Boards for religious objection
    • 72B. Application for classification as conscientious ...
    • 72C. Procedure of boards for conscientious ...
    • 72D. Powers of boards for conscientious ...
    • 72E. Service by classified conscientious objectors
    • 72F. Withdrawal or amendment of decision ...
    • 72G. Regulations relating to community service
    • 72H. Participation in political activities
    • 72I. Offences by conscientious objectors, ...
  • Chapter IX : Administration and General Powers of the ...
    • 73. Council of Defence
    • 74. Defence Staff Council
    • 74bis. Manpower board
    • 75. Establishment of commands, areas, ...
    • 76. General powers of Minister
    • 77. Military training institutions
    • 78. [Repealed]
    • 79. Areas for training
    • 80. Establishment of auxiliary services
    • 81. Voluntary nursing service
    • 82. [Repealed]
    • 82bis. Salaries, pay and allowances to be ...
    • 83. Commission
    • 83A. Chief of Defence Force and Secretary ...
    • 84. Retirement of officers
    • 85. Termination of service
    • 86. Resignation of officers
    • 87. Regulations
    • 88. Protection of defence stores
    • 89. Prohibition of access to military premises
    • 89A. Service in Citizen Force or commandos
  • Chapter X : Provisions Applicable in time of War or in ...
    • 90. Employment of Permanent Force
    • 91. Mobilization of Citizen Force, Reserve and ...
    • 92. Mobilization of Citizen Force, Reserve and ...
    • 92bis. Notification to persons called out
    • 92ter. Persons performing service or undergoing ...
    • 93. Definition of expression 'any portion'
    • 94. [Repealed]
    • 95. Compulsory service outside the Republic
    • 96. Release and discharge from service
    • 97. Exemption from service
    • 98. Appointment and proceedings of exemption boards
    • 99. Security of harbours and aerodromes
    • 99A. Safeguarding borders of Republic
    • 100. Commandeering
    • 101. Censorship
    • 102. Control and use of transport systems
    • 103. [Repealed]
    • 103bis. Evacuation or concentration of persons
    • 103ter. [Repealed]
    • 103quat. Compensation
  • Chapter XI : Discipline, Legal Procedure and Offences
    • 104. Military Discipline Code
    • 105. Jurisdiction of ordinary courts in regard to offences ...
    • 106. Person tried once only
    • 107. [Repealed]
    • 108. Jurisdiction of military courts in respect of ...
    • 109. Offences by persons against members of other ...
    • 110. [Repealed]
    • 111. Warrants
    • 112. Place of imprisonment for military offences
    • 113. [Repealed] Limitation of actions
    • 114. Prohibition on possession of, and performance ...
    • 115. Misuse of uniforms
    • 116. Unauthorised use of decorations
    • 117. Use of name, title, etc indicating connection ...
    • 118. Improper disclosure of information
    • 119. Prohibition on taking of photographs or ...
    • 120. Obstructing South African Defence Force
    • 121. Prohibition of certain acts in connection with ...
    • 121A. Prohibition of certain acts in connection with ...
    • 122. Offences relating to intoxicating liquor
    • 123. Personation
    • 124. Offences in connection with commandeering
    • 125. Wrongful disposal of property
    • 126. [Repealed]
    • 126A. Refusal or failure of service
    • 126B. Prohibition regarding membership of trade ...
    • 126C. Labour matters
    • 127. Offences and penalties
  • Chapter XII : Visiting and Other Forces
    • 128. Discipline and internal administration of ...
    • 129. Relations of visiting forces to the civil ...
    • 130. Deserters from other forces
    • 131. Attachment of personnel
    • 132. Members of visiting forces not subject to ...
    • 133. Mutual powers of command
    • 134. Proof of membership of visiting force
    • 135. Inquests on and removal of bodies of ...
  • Chapter XIII : General
    • 136. Decorations and medals
    • 137. Language of instruction
    • 138. Where service is to be performed
    • 139. Pay and allowances not to be assigned ...
    • 140. Exemption from stamp duties
    • 141. Exemption from registration and licensing ...
    • 142. Exemption from laws relating to conveyance ...
    • 143. Exemption from tolls and like payments
    • 144. Railway charges
    • 144bis. Compulsory immunization and prophylaxis
    • 145. [Repealed]
    • 145A. Payment of the remuneration of a missing ...
    • 145B. Payment of remuneration of member of ...
    • 146. Injuries received or illness contracted on ...
    • 146A. Date of membership of Citizen Force ...
    • 146B. [Repealed]
    • 147. Conveyance of members of South African ...
    • 148. Clubs, messes, etc
    • 149. Exemption from licences, etc
    • 149bis. Non-liability of department
    • 149ter. Right of recourse of Government in ...
    • 149quat. Indemnity in respect of trespass ...
    • 150. Presumption as to delivery of notices
    • 151. Act to apply both within and outside Republic
    • 152. Repeal of laws and savings
    • 153. Delegation of powers by Chief of South African ...
    • 154. Short title and commencement
  • Schedules
    • First Schedule
      • 1. Definitions
      • 2. [Repealed]
      • 3. Application of code beyond area of compulsory service
      • 4. Offences endangering safety of forces
      • 5. Offences by a person in command of troops ...
      • 6. Offences in relation to conduct in action
      • 7. Offences relating to failure to report activities ...
      • 8. Offences relating to signals, watchwords and ...
      • 9. Interference with aircraft, vehicles, vessels, etc
      • 10. Mutiny
      • 11. Interference with guards, sentries, etc
      • 12. Dereliction of duty by sentry, watchkeeper, etc
      • 13. Desertion
      • 14. Absence without leave and non-attendance ...
      • 15. Assaulting superior officer
      • 16. Assaulting or ill-treating subordinate
      • 17. Using threatening, insubordinate or insulting language
      • 18. Malingering, feigning or producing disease, maiming, etc
      • 19. Disobeying lawful commands or orders
      • 20. Theft of public property or property belonging to ...
      • 21. Offences in relation to the acquisition or disposal of ...
      • 22. Causing or allowing a vessel or aircraft to be ...
      • 23. Abandoning or diverting public property or supplies
      • 24. Negligently losing kit, equipment, arms, etc
      • 25. Negligently or wilfully causing damage to or ...
      • 26. Deficiencies in stores, etc
      • 27. Using or taking article issued to or under control ...
      • 28. Offences in relation to the driving of vehicles and ...
      • 29. Fraudulent enlistment
      • 30. False statements in official documents
      • 31. False accusations or statements
      • 32. Scandalous behaviour
      • 33. Drunkenness
      • 34. Offences in relation to a military court
      • 35. False evidence before a military court
      • 36. Refusing to answer questions or produce documents ...
      • 37. Obstruction in relation to the arrest, custody or ...
      • 38. Offences in relation to arrest
      • 39. Resisting arrest
      • 40. Offences in relation to a person in custody
      • 41. False complaints in writing
      • 42. Offences in relation to the redress of wrongs
      • 43. False representations concerning rank
      • 44. Offences in relation to decorations or medals
      • 45. Riotous or unseemly behaviour
      • 46. Conduct to the prejudice of military discipline
      • 47. Civil offences committed outside the Republic
      • 48. Aiding, abetting, inciting, etc
      • 49. Defeating the course of justice
      • 50. Attempt
      • 51. Alternative punishments
      • 52. Arrest
      • 53. Search
      • 54. Jurisdiction of civil courts
      • 55. Person convicted or acquitted not to be tried again
      • 56. Civil offence may be tried under code
      • 57. Territorial jurisdiction of military courts
      • 58. Prescription of offences
      • 59. Trial under code when accused no longer subject to code
      • 60. Person arrested to be brought before officer
      • 60A. [Repealed]
      • 61. [Repealed]
      • 62. [Repealed]
      • 63. [Repealed]
      • 64. [Repealed]
      • 65. [Repealed]
      • 65A. [Repealed]
      • 66. [Repealed]
      • 67. [Repealed]
      • 68. [Repealed]
      • 69. Trial of more than one person
      • 70. [Repealed]
      • 71. [Repealed]
      • 72. [Repealed]
      • 73. [Repealed]
      • 74. [Repealed]
      • 75. [Repealed]
      • 76. [Repealed]
      • 77. [Repealed]
      • 78. [Repealed]
      • 79. [Deleted]
      • 80. How charge to be framed
      • 81. More than one charge may be joined in same charge sheet
      • 82. Joinder of persons
      • 83. [Repealed]
      • 84. Rules of evidence applicable in civil courts to apply ...
      • 85. Evidence must be give viva voce and in open court
      • 86. [Repealed]
      • 87. [Repealed]
      • 88. Alternative verdicts
      • 89. How finding and sentence of military court to be ...
      • 90. [Repealed]
      • 91. [Repealed]
      • 92. One sentence imposed in respect of all the charges
      • 93. Certain provisions to apply in case of particular ...
      • 94. [Repealed]
      • 95. Court may where applicable, order deductions or ...
      • 96. [Repealed]
      • 97. Acquittal is not subject to confirmation
      • 98. [Repealed]
      • 99. [Repealed]
      • 100. [Repealed]
      • 101. [Repealed]
      • 102. [Repealed]
      • 103. [Repealed]
      • 104. [Repealed]
      • 105. [Repealed]
      • 106. [Repealed]
      • 107. Reasons for judgment
      • 108. [Repealed]
      • 109. [Repealed]
      • 110. [Repealed]
      • 111. [Repealed]
      • 112. [Repealed]
      • 113. Prosecutor may make representations to council ...
      • 114. Council of review to hear argument in certain cases
      • 115. [Repealed]
      • 116. Reviewed finding or sentence deemed to be ...
      • 117. [Repealed]
      • 118. When sentence commences
      • 119. Where sentences of imprisonment, detention or ...
      • 120. State President may establish prisons and detention ...
      • 121. How sentences of imprisonment and detention imposed ...
      • 122. Person in charge of prison, etc, must receive and ...
      • 123. Unsoundness of mind at time of commission of offence
      • 124. Unsoundness of mind while under arrest or in custody
      • 125. Unsoundness of mind upon arraignment or during ...
      • 126. Unsoundness of mind upon arraignment or during ...
      • 127. Only authorized deductions may be made from pay
      • 128. Forfeitures of pay
      • 129. Deductions from pay
      • 130. Fine may be deducted from pay
      • 131. Maintenance orders
      • 132. Garnishee orders
      • 133. General Officer Commanding may remit deductions ...
      • 134. Redress of wrongs
      • 135. Board of inquiry in relation to absence without leave
      • 136. Boards of inquiry
      • 137. Attendance of witnesses at and composition of ...
      • 138. Attendance of witnesses at military courts, ...
      • 139. Competent but not compellable witness giving evidence ...
      • 140. Evidence
      • 141. How persons arrested for desertion or absence without ...
      • 142. Orders by General Officer Commanding may be signed ...
      • 143. Registrar or clerk of a civil court must furnish ...
      • 144. Members of South African Defence Force deemed ...
      • 145. [Repealed]
      • 146. [Repealed]
      • 147. Appointment and powers of chief disciplinary officer ...
      • 148. Restitution or confiscation of property
      • 149. Field punishment
      • 150. Exercise of powers vested in holders of military office
      • 151. Contempt of military court by person not subject to ...
      • 152. Corporal punishment may not be imposed
      • 153. Defending officer as a witness
      • 154. Trials commenced prior to commencement of code
    • Second Schedule