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Defence Amendment Act in Effect

February 7, 2022

The Presidency

The Defence Amendment Act of 2020 came into effect on 31 December 2021.

The presidency published Proclamation 51 in Government Gazette 45859.

However, sections 8 and 16 are still to come into force.

President Ramaphosa signed the act in August 2020.

The act aims to amend the Defence Act, 2002, so as to:

• include the Chief of Staff in the Military Command of the Defence Force;
• clarify the process regarding the implementation by the Chief of the Defence Force of the delegation of powers and assignment of duties to members by the Secretary for Defence as head and accounting officer of the Department;
• provide for the employment of the Defence Force outside the Republic;
• simplify matters regarding identification cards issued to military police officials;
• make a technical correction to the reference to the Armaments Corporation of South Africa, Limited in section 18;
• provide for the security vetting of contractors and service providers of the Department;
• regulate the minutes of meetings of the Council of Defence;
• clarify that a person does not need the consent of an employer in order to enrol as, or to remain, a member of the Reserve Force;
• regulate anew the termination of service of members of the Regular Force;
• amend the requirements for legal representation of members;
• regulate the display of military decorations, medals and insignia;
• regulate the use of military uniforms, distinctive marks and crests;
• amend certain powers of the Minister to make regulations;
• provide for the prohibition of access to military property or areas; and
• provide for matters incidental thereto.

Meanwhile, in Notice 1719, the defence department confirmed the deployment of South African National Defence Force members to work alongside the South African Police Service as part of Operation Prosper.

The deployment applies from 18 December 2021 until 18 March 2022.