Defence Act, 1957 (Act No. 44 of 1957)SchedulesFirst Schedule1. Definitions |
| (1) | In this Code any expression to which a meaning has been assigned in the Act, bears the meaning so assigned thereto, and unless the context otherwise indicates: |
means a board of inquiry convened under section one hundred and thirty-five or one hundred and thirty-six;
[Definition deleted by section 43(b) of Act No. 16 of 1999]
includes a ship;
[Definition deleted by section 3 of Act No. 105 of 1997]
means any officer of rank and command not below that of a brigadier or its equivalent who has been empowered by warrant to convene general military courts, and in sections 60A and 65A includes any officer of rank not below the said rank who has been empowered in writing by such chief of staff to exercise in any particular case the powers conferred upon a chief of staff by section 60A or 65A, respectively;
[Definition amended by section 43(b) of Act No. 16 of 1999]
means any court of criminal jurisdiction in the Republic;
means any offence in respect of which any penalty may be imposed by a court of law, not being an offence under sections four to fifty, inclusive, of this Code;
[Definition deleted by section 43(b) of Act No. 16 of 1999]
means any advocate entitled to practise and appear before a provincial division of the Supreme Court of South Africa, and includes any attorney entitled to practise and appear in a magistrate's court in the Republic and any defending officer;
[Definition deleted by section 43(b) of Act No. 16 of 1999]
[Definition deleted by section 43(b) of Act No. 16 of 1999]
means a defence counsel in terms of the Military Discipline Measures Act, 1999;
[Definition substituted by section 43(b) of Act No. 16 of 1999]
in relation to any person, includes, without in any way limiting its ordinary meaning—
| (a) | be absent without authority while on service from the unit or formation of such person with the intention of avoiding service; |
| (b) | miss any form of transport, by which such person has been warned to travel, with the intention of not accompanying his unit or formation on service or not proceeding on service; and |
| (c) | fail to report for any service under the Act within seven days after having been called up for such service; |
includes any armed rebels or mutineers;
means the performance in custody in the field of such labour and extra drills and duties as may be prescribed;
means any rank not lower than that of major or any equivalent rank;
means the chief military executive officer of the South African Defence Force, and in section one hundred and twenty-eight includes the officer commanding any portion of the South African Defence Force on service beyond the borders of the Republic;
includes any military medical institution for the treatment of patients;
means imprisonment with or without compulsory labour;
means a club, mess or trading or other institution established or conducted under section one hundred and forty-eight of the Act and any fund controlled under the regulation;
when used in relation to a military court or board of inquiry, includes the president;
[Definition amended by section 43(b) of Act 16 of 1999]
means a military court as defined in section 1 of the Military Discipline Supplementary Measures Act, 1999;
[Definition substituted by section 43(b) of Act No. 16 of 1999]
includes a solemn declaration or affirmation;
in relation to any person, includes all amounts to which such person is entitled in respect of any training, duty or service undergone or performed by him as a member of the South African Defence Force, except amounts payable to him under the Government Service Pensions Act, 1965 (Act No. 62 of 1965);
means prescribed in the rules made under section one hundred and four of the Act;
means any property belonging to or in the possession or under the control of the Republic Government or belonging to any force acting in co-operation with the South African Defence Force;
means a party of soldiers detached for the protection of any person or of any place, including any village or house or other property;
means service in defence of the Republic or in the prevention or suppression of internal disorder in the Republic or of terrorism;
means a provincial or local division of the Supreme Court of South Africa;
in relation to a person subject to this Code, means any officer, warrant officer or non-commissioned officer subject to this Code who holds a higher rank than such person, or who holds the same or an equivalent rank but is in a position of authority over such person;
includes alter, remit, mitigate and commute.
(2) Any reference in this Code to the South African Defence Force shall be construed as including a reference to any portion of that Force.