Defence Act, 1957 (Act No. 44 of 1957)

Schedules

First Schedule

134. Redress of wrongs
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(1)Any person subject to this Code (hereinafter in this section referred to as 'the complainant') who is aggrieved by any act or omission of any other person subject to this Code, may complain in writing to his commanding officer, and if such complaint is against the commanding officer or such commanding officer is unable to redress the wrong or otherwise to satisfy the complainant within a reasonable time, such commanding officer shall refer the complaint to the officer under whose command he is serving who holds a warrant to convene courts martial.

 

(2)Such latter officer shall, if he is unable to redress the wrong or otherwise to satisfy the complainant, without unreasonable delay transmit the complaint to the appropriate chief of staff for decision, and such chief of staff shall, if he is unable to redress the wrong or to satisfy the complainant, without delay transmit the complaint to the General Officer Commanding, South African Defence Force.

 

(3)If the General Officer Commanding, South African National Defence Force, is unable to redress the wrong or otherwise to satisfy the complainant, he or she shall, if requested by the complainant to do so, transmit the complaint to the President, for a decision.

[Subsection (3) substituted by section 19 of Act No. 88 of 1996]

 

(4)If an officer who has received a complaint transmits such complaint to higher authority in terms of this section, he shall notify the complainant of such transmission at the time thereof.

 

(5)Any person who has lodged a complaint with his commanding officer and whose wrong is not redressed or who is not otherwise satisfied within a reasonable time, or who has not been advised within a reasonable time that his complaint has been sent to higher authority, may complain directly to such higher authority and ultimately to the General Officer Commanding, South African Defence Force: Provided that such complainant shall send a copy of such further complaint to his commanding officer at the same time as he complains to higher authority or the General Officer Commanding, South African Defence Force.