Defence Act, 2002 (Act No. 42 of 2002)

Chapter 13 : General Administration and Support

86. Right of recourse in respect of expenditure for injuries of members

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Whenever the Department

a)has incurred expenditure or has paid any amount in respect of medical, dental or hospital treatment of the bodily injuries of a member of the Defence Force or the supply of articles or the rendering of service in connection with that treatment; or
b)has made any payments in respect of any salary, pay, allowances or any compensation to the member during his or her incapacity, and the expenditure has been incurred or the payments have been made in circumstances where the member or his or her estate would otherwise have a claim against another person as a result of the bodily injury to or incapacity of the member, the Department shall, without obtaining a formal cession of action, have the same right of recourse against that other person for restitution of the payments made as that member or his or her estate had against such person.