Defence Act, 2002 (Act No. 42 of 2002)Chapter 9 : Employment in Defence Force60. Legal representation for members |
| 1) | For the purposes of this section 'member' includes an employee deployed with the Defence Force. |
| 2) | A member of the Defence Force against whom a civil claim or any other action arising from his or her acts or omissions has been instituted is entitled to legal representation at the expense of the State unless it appears that he or she— |
| a) | was not acting in the execution of his or her official duties or did not bona fide believe that he or she was so acting; |
| b) | exercised his or her powers in bad faith or exceeded such powers; |
| c) | without prior consultation with the State Attorney, made an admission of guilt which was detrimental to the State; |
| d) | acted negligently, recklessly or wilfully; or |
| e) | failed to comply with or disregarded standing minimum instructions of which he or she was aware or could reasonably be expected to have been aware. |
| 3) | Despite the ineligibility of a member for legal representation by reason of any of the grounds listed in subsection (2) (a) to (e), the State Attorney may on the request of the Department, provide legal representation to such member if the State has a material interest in the outcome of the case. |
| 4) | The legal representation contemplated in subsection (2) may only be provided if the member agrees that any costs and expenses incurred by the State Attorney may be recovered from the said member. |