Defence Act, 2002 (Act No. 42 of 2002)Chapter 9 : Employment in Defence Force56. Protection of members on active service |
| 1) | For the purposes of this section 'member' includes an employee deployed with the Defence Force. |
| 2) |
| a) | Where a member of the Defence Force has been captured or has gone missing and the member's commanding officer is satisfied that the member's capture or absence arose from the performance of his or her duties while rendering services in terms of this Act, such member must be regarded to be still serving in the Defence Force for all purposes until the day on which he or she again reports for duty or on which his or her death is confirmed or on which a competent court issues an order whereby the death of such person is presumed. |
| b) | The pay, salary and entitlements accruing to a member during his or her captivity or other absence contemplated in paragraph (a) must be paid to a beneficiary designated by the member concerned. |
| c) | The Chief of the Defence Force must take the necessary steps to ensure that in respect of every member of the Defence Force there is at all times a record of the particulars of the beneficiary designated by such member for purposes of paragraph (b). |
| d) | A member of the Defence Force may at any time designate another person in the place of the person designated for purposes of paragraph (b) but must ensure that any change in designation is notified to the Chief of the Defence Force in writing. |
| e) | Any change in designation becomes valid for purposes of paragraph (b) when it is received by or on behalf of the Chief of the Defence Force. |
| 3) | Subject to the Moratorium Act, 1963 (Act 25 of 1963), and any other law relating to the protection of citizens or non-citizens who are in active service on behalf of the Republic, no appropriations, including seizures or attachments, may be made under or by virtue of any writ of execution, garnishee or sequestration order issued against a member of the Defence Force who is employed on active service in time of war or during a state of national defence or in fulfilment of the Republic's international obligations, except appropriations under or by virtue of a maintenance order issued against the said member. |
| 4) |
| a) | A member of the Defence Force who, through no misconduct on his or her part, sustains a wound or injury or contracts an illness while on military service or undergoing training is, under such conditions and for such period as may be prescribed, entitled to be provided with medical, dental and psychological or other necessary treatment for such wound, injury or illness, notwithstanding that the duration of such treatment may extend beyond that member's service contract. |
| b) | A member receiving the treatment referred to in paragraph (a) must receive his or her pay and entitlements on their becoming due and such period of treatment must for all purposes be regarded as duty. |
| 5) | An appropriate death and disability benefit insurance scheme must be negotiated and provided by the Defence Secretariat on behalf of members who must belong to it. |
| 6) | The premiums in respect of such scheme must be recovered directly from the pay or entitlements payable to such members. |