Defence Act, 2002 (Act No. 42 of 2002)Chapter 1 : Introductory Provisions1. Definitions |
| 1) | In this Act, unless the context indicates otherwise— |
means any service established under section 16(1);
means the Chief of the South African National Defence Force contemplated in section 13(1);
means a South African citizen as contemplated in the South African Citizenship Act, 1995 (Act 88 of 1995);
means the Military Discipline Code referred to in section 104(1) of the Defence Act, 1957 (Act 44 of 1957);
includes conditions relating to—
| a) | recruitment procedures and advertising and selection criteria; |
| b) | appointment and appointment processes; |
| c) | job classification and grading; |
| d) | salaries. allowances and service benefits; |
| e) | job assignments; |
| f) | working environment and facilities; |
| g) | education, training and development; |
| h) | performance evaluation systems; |
| i) | promotion; |
| j) | transfers; |
| k) | demotion; |
| l) | disciplinary measures other than dismissals; |
| m) | grievance and grievance procedures; |
| n) | dismissal; |
| o) | scarce skills; |
| p) | pay progression; |
| q) | deployment benefits; |
| r) | tools of trade; |
| s) | accommodation; and |
| t) | any other matter pertaining to conditions of service; |
means an objection, against the rendering of military service or against participating in a military operation, on grounds of conscience based on compelling religious, ethical or moral beliefs;
means a training camp, course or training exercise and any period of service which commences on one day, continues over midnight and ends on an ensuing day, and which shall be reckoned as service for the number of days on which it was rendered without a break and is therefore uninterrupted;
in relation to a visiting force, means a body which or person who, by virtue of the laws of the country to which such visiting force belongs, is empowered to investigate any matter under the military law of that country or to try any person for an offence under such military law or to review the proceedings in connection with the investigation of any such matter or the trial of any person in respect of any such offence;
means the South African National Defence Force contemplated in section 11, and includes any portion of that Force;
means the secretariat established by section 6(1);
means the Department of Defence;
means any division of the Defence Secretariat or the Defence Force, established by the Minister by or under the Public Service Act, 1994 (Proclamation 103 of 1994);
means a person appointed to the Department in terms of the Public Service Act, 1994 (Proclamation 103 of 1994), or any person regarded as having been appointed to the Defence Secretariat in terms of section 6(4);
means to accept and record the attestation of any person as a member of the Regular Force or the Reserve Force;
means a military force;
| a) | in relation to the Defence Force, means any officer and any other rank; and |
| b) | in relation to a visiting force, means any person who is— |
| i) | subject to the military law of the country of that visiting force; |
| ii) | a member of another force but who is attached to such visiting force; or |
| iii) | a civilian who entered into employment in connection with such visiting force outside the Republic; |
means the Minister of Defence;
means the Military Skills Development System which is a service system wherein members serve voluntarily for a two-year period to augment the Defence Force’s deployment capability;
means any period of service which is not defined as continuous.
non-continuous service of –
| a) | eight hours’ duration on one day; or |
| b) | any period of less than eight hours’ duration on different days; |
must be properly recorded for audit purposes;
in relation to the Defence Force, means a person on whom permanent or temporary commission has been conferred by or under this Act, and who has been appointed to the rank of officer;
means a military force of a country or state other than the Republic;
in relation to the Defence Force, means any member thereof other than an officer;
means a Personnel Management Code which is a career management and remuneration guide for SANDF members as authorized in terms of section 82(1)(a) of the Act.
means prescribed by regulation;
in relation to a person, means the address of that person as notified from time to time to the proper authority in terms of this Act;
means the Regular Force contemplated in section 11(a);
means a regulation made under section 82;
means the Reserve Force contemplated in section 11(b);
means a strike, or conduct in contemplation or furtherance of a strike, by members of the Defence Force or any auxiliary service in support of a strike or in solidarity with a strike undertaken by persons other than such members against any employer;
means the Secretary for Defence appointed in terms of section 7(1);
means any Service referred to in section 12(1);
means a state of emergency contemplated in section 37 of the Constitution;
means the partial or complete concerted refusal to render service, or the retardation or obstruction of the rendering of service, or failure to serve, by members of the Defence Force or any auxiliary service for purposes of protest, petition or remedying a grievance or resolving a dispute in respect of any matter of mutual interest between the employer and such members, and every reference to 'serve' in this definition includes overtime, service or duty, whether it is voluntary or compulsory;
in relation to another member of the Defence Force, means any officer, warrant officer, non-commissioned officer or candidate officer of the Defence Force who holds-
| a) | or is regarded by or under this Act to hold, a higher rank than such other member of the Defence Force; or |
| b) | the same or an equivalent rank as such other member of the Defence Force, but is in a position of authority over that member; |
means the Defence Force Service Commission established by section 62A;
means the Defence Act 2002, (Act No. 42 of 2002);
includes the regulations;
means any time during which the Republic is under threat of war, armed conflict, armed invasion or armed insurrection or is at war, and in respect of which the Defence Force has been employed for service in the defence of the Republic;
includes education and development in the defence environment;
means a military force of any country present in the Republic with the consent of the President and, in sections 97, 98, 99 and 100, also such force on a routine visit to the Republic where prior agreement regarding the matters referred to in those sections has been concluded between the Government of the Republic and the government of the country in question.
| 2) | Any reference in this Act to— |
| a) | an obligation to render service in the Defence Force, includes an obligation to undergo training; or |
| b) | a rank, includes the equivalent of such rank in any Service. |