Defence Act, 2002 (Act No. 42 of 2002)RegulationsRegulations for the Reserve Force, 201730. Termination of membership of Reserve Force |
| (1) | The membership of a member of the Reserve Force is terminated— |
| (a) | upon the expiration of one month after the date on which the member lodged his or her resignation, or upon the expiration of any shorter period approved by the Chief of the Defence Force; |
| (b) | upon the member's death; |
| (c) | if the member has reached the prescribed age of retirement as provided for in regulation 29; |
| (d) | if the member is sentenced to a term of imprisonment by a competent civilian criminal court or a military court without the option of a fine, or if a sentence involving discharge or dismissal is imposed upon him or her under the Code; |
| (e) | if the Surgeon-General or any person authorised thereto by him or her issues a certificate to the effect that due to medical or psychological reasons, the member is permanently unfit to serve in the Defence Force; |
| (f) | on his or her appointment in the Regular Force, the South African Police Service, including the South African Police Service Reserves, the State Security Agency or the Department of Correctional Services; or |
| (g) | upon proof of the termination of the member’s South African citizenship. |
| (2) | The membership of a member of the Reserve Force may be terminated— |
| (a) | as a result of the abolition of the post of that member or any reduction or adjustment in the post structure of the Reserve Force or the Department of Defence; |
| (b) | if for reasons other than the unfitness or incapacity of the member, such discharge is likely to promote efficiency or increased cost-effectiveness in the Reserve Force or the Department of Defence; |
| (c) | on account of unfitness for his or her duties or inability or incapability to carry them out efficiently, for a reason other than contemplated in subregulation (1)(e); |
| (d) | if, after serving a period of probation in terms of these Regulations, his or her enrolment is not confirmed; |
| (e) | if the continued employment of that member constitutes a security risk to the State, or if the required security clearance for his or her appointment in a post is refused or withdrawn; |
| (f) | if the member, while serving, has been convicted by a competent civilian criminal court or a military court of an offence which, in view of its gravity and the nature of the sentence imposed, renders the continued employment of that member in the Reserve Force undesirable; |
| (g) | if, before or since the member has been appointed, he or she has been convicted by a competent civilian criminal court or a military court on more than one occasion of offences which, considered individually, would not justify or did not lead to the dismissal of the member on account of misconduct, but considered collectively renders continued employment of that member in the Reserve Force undesirable; |
| (h) | if, due to recurrent convictions of that member by military courts, the member is considered not to be amenable to military discipline; |
| (i) | if the member has been convicted on five or more charges of contravening section 14(a) of the Code during a period of 24 months of continuous service; |
| (j) | if any condition of the conditional appointment of the member is not fulfilled; |
| (k) | by reason of any material representation of his or her position with regard to a condition for the appointment of the member to any rank or post in the Reserve Force; |
| (l) | if at any time during the formative or specialised training of the member in the corps or mustering in which he or she has been appointed it becomes apparent that the member is unsuitable for such training and is not regarded as suitable to be remustered for employment in any other corps or mustering in the Reserve Force; |
| (m) | if the member, after he or she has been lawfully instructed to submit himself or herself to a compulsory immunisation of the members of the Defence Force, has refused to do so; |
| (n) | if the member is charged but not yet convicted in a competent civilian criminal court or a military court and the continued enrolment of the member in the Reserve Force is rendered undesirable, with reference to— |
| (i) | the gravity of the charges or allegations against him or her; |
| (ii) | the publicity that the charges or allegations was given in the public and social media; |
| (iii) | the prejudice or potential prejudice for the reputation of the Defence Force as a result of such publicity; |
| (iv) | the impact of the charges or allegations and its publicity on the confidence or respect of the public in the Defence Force; and |
| (v) | the constitutional imperative for the Defence Force to be structured and managed as a disciplined military force; |
| (o) | if, for just cause, the relationship of trust or respect between the member and the Defence Force has deteriorated to such an extent that it renders his or her continued enrolment in the Reserve Force untenable or undesirable; and |
| (p) | if the member does not conclude a contract of service as contemplated in regulation 15 within 90 days of his or her enrolment as a member of the Reserve Force. |
| (3) | A member who is entitled to be discharged in terms of subregulation (1)(a) or (c) may not, without the prior consent of the Chief of the Defence Force, be permitted to obtain his or her discharge– |
| (a) | while he or she is rendering service during a time of war, a state of national defence or a state of emergency; or |
| (b) | while disciplinary proceedings are still pending against him or her. |
| (4) | A member contemplated in subregulation (1)(a), (d) or (f) who has undergone or who was undergoing education or training at State expense remains liable for the repayment of such money as is repayable in terms of a contractual agreement in respect of that education or training. |
(5)
| (a) | The officer commanding of a member may apply to the Chief of the Defence Force for the termination of the services of that member on any of the grounds in subregulation (2). |
| (b) | The application contemplated in paragraph (a) must— |
| (i) | be in writing; |
| (ii) | comply with the procedure and directives applicable to members of the Regular Force. |
| (c) | The Chief of the Defence Force must, after ascertaining that subregulation 5(b) has been complied with, consider the application and may— |
| (i) | decide to terminate the membership of the member; |
| (ii) | decide not to terminate membership of the member; or |
| (iii) | refer the application back to the officer commanding for further investigation in the prescribed manner before he or she make a final decision. |
| (d) | The Chief of the Defence Force must inform the officer commanding and the member in writing within seven days of his or her final decision and must provide reasons for the decision. |
| (e) | A termination of services in terms of subregulation (2) becomes effective on the last day of the month following the month in which the member was notified in terms of paragraph (d). |