Defence Act, 2002 (Act No. 42 of 2002) > Chapter 15 : Co-operation with other forces and forces visiting Republic > 97. Discipline and internal administration of visiting forces

Visiting forces

Subject to paragraph (b), a military court or other authority of a visiting force may in matters concerning discipline and the internal administration of that force, which may include the administration of the property or the estate of a deceased member of that force, within the Republic exercise all such powers as are conferred upon such court or authority by the law of that country.

b)	No cruel, inhuman or degrading punishment contemplated in section 12(1)(e) of the Constitution may be meted out or administered by a military court or other authority in terms of paragraph (a) while in the Republic.

2)	The laws which are applicable in connection with the powers, immunities and privileges of, and proceedings before, a military court of the Republic are, in so far as they can be applied, applicable also with reference to a military court of a country exercising jurisdiction by virtue of this Act.

3)	For purposes of any legal proceedings in the Republic, where any sentence has been passed by a military court of a visiting force upon any of its members—

a)	that court must be regarded as having been properly constituted;

b)	any proceedings before such court must be regarded as having been regularly conducted;

c)	the sentence must be regarded as being within the jurisdiction of the court and in accordance with the law of the applicable country;

d)	the sentence must, if executed according to the tenor of the law of that country, be regarded as having been lawfully executed; and

e)	any member detained in pursuance of any such sentence or pending the determination of the charge brought against him or her, must be regarded as being in legal custody.

4)	For purposes of any legal proceedings in the Republic, a certificate under the hand of the officer in command of a visiting force to the effect that—

a)	a member of that force is being detained for the cause set out in the certificate, constitutes evidence of the cause of his or her detention, but not of his or her being such a member; and

b)	the persons specified in the certificate sat as a military court of the country to which that force belongs, constitutes evidence of that fact.

5)	No proceedings in respect of pay, terms of service or discharge of a member of a visiting force may be entertained by any court of the Republic.

For purposes of enabling the military courts and military authorities of a visiting force to exercise the powers conferred upon them by this section more effectively, the Minister may, if so requested by the officer in command of the visiting force or the applicable government, by general or special orders to the Defence Force direct the arrest of any member of the visiting force alleged to be guilty of an offence against the law of that country and the handing over of the person so arrested to the appropriate authorities of the visiting force.