Defence Act, 2002 (Act No. 42 of 2002)Chapter 15 : Co-operation with other forces and forces visiting Republic99. Deserters from visiting forces |
| 1) | Subject to subsection (2), the Code applies to— |
| a) | any deserter or absentee without leave of a visiting force; and |
| b) | any member of a reserve or auxiliary force of a visiting force who, having failed to obey a notice calling upon that member to appear at any place for service, is by the law of that country liable to the same punishment as a deserter or an absentee without leave. |
| 2) |
| a) | No member of a visiting force may be apprehended or dealt with under this section except in compliance with a request from— |
| i) | the applicable government, if such member is alleged to be a deserter; or |
| ii) | the officer in command of that force, if such member is alleged to be an absentee without leave. |
| b) | A member contemplated in paragraph (a) must be handed over to the authorities of that country at such a place in the Republic as may be agreed upon with the particular government or officer, as the case may be. |
| 3) | For purposes of any proceedings under this section a document purporting to be a certificate under the hand of— |
| a) | the Minister of Foreign Affairs or the Minister to the effect that a request has been made under subsection (2) (a) (i), is admissible as evidence of the making of such a request; and |
| b) | the officer in command of the visiting force to the effect that a named and described person was at the date of the certificate an absentee without leave from that force, is admissible as evidence of the facts so certified. |