Defence Act, 1957 (Act No. 44 of 1957)SchedulesFirst Schedule59. Trial under code when accused no longer subject to code |
| (1) | Any person who, while he is subject to this Code, commits an offence in respect of which a military court has jurisdiction, may— |
| (a) | in the case where that offence is treason, murder, rape or culpable homicide committed outside the Republic or an offence under section 4, 10, 13 or 29, be tried and punished for that offence by that military court at any time after he or she has ceased to be so subject; and |
[Paragraph (a) substituted by section 8 of Act No. 105 of 1997]
| (b) | in the case where that offence is an offence other than one contemplated in paragraph (a), but subject to the provisions of section 58, be tried and punished for that offence by that military court at any time within a period of three months after he has ceased to be subject to this Code. |
| (2) | For the purpose of effecting the arrest of any such person, bringing him to trial and imposing punishment, such person shall be deemed to be subject to this Code in the rank and status he had at the time of the commission of the offence. |