Defence Act, 2002 (Act No. 42 of 2002)Chapter 13 : General Administration and Support82. Regulations |
| 1) | The Minister may, by notice in the Gazette, make regulations regarding— |
| a) | the conditions of service of members of the Defence Force generally, excluding pay, salaries and entitlements, as well as the maximum age to which members may serve, related job descriptions and personnel management codes and job evaluation; |
| b) | the temporary employment of persons, in a military or a civilian capacity; |
| c) | discipline in the Defence Force; |
| d) | the occupation of official quarters; |
| e) | the conditions under which overtime duty, subsistence, travelling, climatic and other allowances may be paid; |
| f) | the occupational health and safety of members of the Defence Force and civilian employees of the Department; |
| g) | defence intelligence, including- |
| i) | assigning security classifications to information of the Department; |
| ii) | assigning security classifications to areas and facilities of the Department; |
| iii) | restrictions based on security classifications with regard to access to such information, areas or facilities; |
| iv) | assigning security gradings to posts in the Department; and |
| v) | the declassification of information, areas or facilities of the Department; |
| h) | training, including- |
| i) | the level of training of the members of the Defence Force; |
| ii) | the attendance of military training programmes by civilians older than 18 years; |
| iii) | the establishment of training camps and units; |
| iv) | the accreditation of military training institutions with academic and other non-military institutions; |
| v) | the conclusion of agreements between the State as employer and members of the Department covering all aspects of training and education; and |
| vi) | the use and compensation of specialised staff at or in respect of military training institutions not otherwise provided for by law; |
| i) | the establishment of standards of any physical measurement as well as the medical and psychological condition determined by an appropriate examination or measurement and compulsory immunisation of the members of the Defence Force; |
| j) | the establishment of standards of health and the compulsory immunisation of employees of the Department; |
| k) | the provision for medical, dental and hospital treatment of retired members of the Regular Force and their dependants and, if applicable, the establishment, management and control of one or more funds for such purposes; |
| l) | leave of absence of members of the Defence Force; |
| m) | compulsory insurance of members and employees, and members of any auxiliary service, in respect of bodily injury, disablement or death occurring in the course of military service, as well as the deductions of the prescribed premiums for such insurance from the pay, salary or remuneration of the members and employees concerned; |
| n) | labour relations between members of the Defence Force or any auxiliary service and the State as their employer, including the resolution of disputes and the establishment of mechanisms necessary for the regulation of the said labour relations and the administration and management of such matters; |
| o) | the establishment, management and control of funds and trading and non-trading institutions, the aims of which are to the benefit of serving and former members of the Defence Force and their accompanying guests as stipulated; |
| p) | the seniority and precedence of headquarters, the constituent forces, formations, units and personnel musterings and of members of the Defence Force; |
| q) | all matters pertaining to military ceremony including the design, award, use, care and custody of colours, standards and flags designated for military use; |
| r) | honorary appointments and ranks in the Defence Force and the terms and conditions upon which the appointments may be made; |
| s) | beneficial affiliation of units and formations of the Defence Force with similar units and formations of foreign defence forces; |
| t) | the exemption of a member who, while in the service at a specific place and on good cause shown, requests not to be ordered to serve elsewhere in the Republic or the rest of the world; |
| u) | the governance and management of military detention and correctional facilities established under the Act and the enforcement of discipline in such facilities; |
| v) | the prohibition, restriction and regulation of any traffic in any military area, base, unit or on any premises under the control of the Department; |
| w) | the minimum standards for the registration and certification of roadworthiness of vehicles and vehicular equipment for use in the Defence Force and the licensing of the drivers of such vehicles and the operators of such equipment; |
| x) | the minimum standards for the registration and certification of airworthiness of aircraft for use in the Defence Force and the certification of the competency of the crew of such aircraft; |
| y) | the minimum standards for the registration and certification of the seaworthiness of vessels for use in the Defence Force and the certification of the competency of the crew of such vessels; |
| z) | the issue, care and disposal of arms, accoutrements, ammunition, supplies, animals, transport, clothing and equipment of the Department; |
| zA) | military museums, monuments, heritage sites and cemeteries; |
| zB) | any auxiliary services provided for in this Act including matters relating to terms and conditions of service of members, their education, training, discipline and conduct; |
| zC) | the support that the Department may give to recognised community organisations and institutions in respect of development programmes; |
| zD) | any matter which this Act requires or permits to be prescribed or which it is necessary or expedient to prescribe in order to ensure the good governance of the Department. |
| 2) | Any regulation made in terms of subsection (1)— |
| a) | which may result in financial expenditure for the State may only be made subject to sections 63 and 64 of the Public Finance Management Act, 1999 (Act 1 of 1999), and with the approval of the Minister of Finance; and |
| b) | relating to the terms and conditions of service of members of the Defence Force may be made with retrospective effect for a period not exceeding 12 months, except where such regulations provide for- |
| i) | any reduction in the rights and privileges of members; or |
| ii) | the imposition of penalties. |
| 3) | Any regulation made under subsection (1) may provide that a contravention of or failure to comply with a regulation is an offence and that any person found guilty of the offence is liable to a fine or to imprisonment for a period not exceeding five years. |