Defence Act 1 of 2002 section 94(2)

Transcription

1 SURVIVING IN TERMS OF section 94(2) Regulations for the Bantu Labour Service for the Union Defence Forces Government Notice 1959 of 1950 (SA GG 4441) came into force on date of publication: 11 August 1950 The were originally made in terms of section 116 of the South Africa Defence Act, 1912, which was repealed by the Defence Act 44 of 1957 and which was subsequently repealed by the. Pursuant to section 94(2) of the, the Regulations for the Bantu Labour Service for the Union Defence Forces are deemed to have been made under that Act. Please note that in terms of these regulations, 1 British Pound ( 1) is equivalent to 2 Namibian Dollars (N$2). Additionally, there are 20 shillings in a pound and there are also 240 pence in a pound of British currency. The abbreviation s refers to shillings and the abbreviation d refers to pence. as amended by Government Notice 1176 of 1966 (OG 2738) came into force on date of publication: 29 July 1966 Government Notice 1179 of 1966 (OG 2738) came into force on date of publication: 29 July 1966 Government Notice 597 of 1968 (OG 2885) came into force on date of publication: 19 April 1968 ARRANGEMENT OF 1. Title 2. Definitions 3. Abbreviations Chapter I - Preliminary

2 Republic of Namibia 2 Annotated Statutes 3A. 4. Organisation 5. Functions 6. Command and Control 7. Command Seniority and Precedence 1. Grading 2. Appointment and Attestation 3. Regrading 4. Rates of Pay 5. Quarters and Rations 6. Rail Travel 7. Subsistence Allowance 8. Transfer 9. [deleted by GN 1179/1966] 10. Medical, Dental and Hospital Treatment 11. Vaccination and Inoculation 12. Uniform and Equipment 13. Retirement 14. Discharge 15. Messes and Canteens 16. Funerals 17. Exceptional Cases Chapter II - Financial and General Chapter III - Leave of Absence 1. Application of the Regulations for the European Auxiliary Service 2. Grouping of Members for Leave Purpose 3. Accrual of Accumulative Vacation Leave with Full Pay 4. Sick Leave Provision 5. Reduction of Sick Leave Provision Title CHAPTER I PRELIMINARY (1) These regulations shall be cited for all purposes as the Regulations for the Bantu Labour Service for the Union Defence Forces. Definitions (2) In these regulations, unless inconsistent with the context, the following definitions will apply - Act means the South Africa Defence Act, No. 13 of 1912, as amended;

3 Republic of Namibia 3 Annotated Statutes auxiliary inspectors means auxiliary inspectors of the European Auxiliary Service; auxiliary rankers means auxiliary rankers of the European Auxiliary Service; grading means the substantive grade held by a member; married member means a member living in a state of marriage recognised by Union Courts of Law and shall include ; a widowed or divorced member with children under the age of 18 years and entirely dependent upon the member for support; member means any person serving in the Bantu Labour Service in accordance with these regulations; Minister means the Minister of Defence; officer means a member of the Union Defence Forces holding commissioned rank; Officer Commanding Command means the officer appointed in command of a military territorial command; regulations means the regulations for the Bantu Labour Service; [Definition of Secretary deleted by GN 597/1968] Union means Union of South Africa, including South West Africa. Abbreviations (3) The following abbreviations shall have the meanings stated below- AG... Adjutant General. BLS... Bantu Labour Service. CCAS... Cape Corps Auxiliary Service. CGS... Chief of the General Staff. EAS... European Auxiliary Service. ESPC... Essential Services Protection Corps. OC... Officer Commanding. PSC... Public Service Commission. QMG... Quartermaster General. SA... South Africa or South African. SAPF... S.A. Permanent Force. SG... Surgeon General. UDF... Union Defence Forces. CDFA... Chief of Defence Force Administration

4 Republic of Namibia 4 Annotated Statutes CLS... Chief of Logistic Services [regulation (3) amended by GN 1176/1966] (3)A. In these regulations any reference to - (a) (b) (c) AG or Adjudant General shall be construed as a reference to CDFA or Chief of Defence Force Administration ; and QMG or Quartermaster General shall be construed as a reference to CLS of Chief of Logistic Services. Secretary of Defence shall be construed as a reference to the Commandant General, SADF. Organisation [regulation (3)A inserted by GN 1176/1966 and amended by GN 597/1968] (4) The BLS for the UDF is established as an auxiliary service in terms of the provisions of section ninety-five (1) of the Act. Functions (5) Members of the BLS shall be employed as guards watchmen, drivers of mechanical transport, fire pickets fire fighters, and on such other duties as may be allocated to them in accordance with the provisions of the Act. Command and Control (6) Command and control of the BLS shall vest in the CGS who may delegate any of the powers conferred on him by these regulations. Command Seniority and Precedence (7) (a) Members of the UDF and members of the EAS shall, irrespective of their rank or grading, exercise command and control over members of the BLS. (b) Members of the BLS graded as senior auxiliaries shall take command, seniority and precedence over auxiliaries of the BLS, but no member of the BLS shall exercise command over members of the UDF or the EAS. Grading CHAPTER II FINANCIAL AND GENERAL (1) Members of the BLS shall be graded as follows in order of seniority - Senior Auxiliary Auxiliary

5 Republic of Namibia 5 Annotated Statutes (2) (a) A candidate for attestation in the BLS must - (i) (ii) (iii) (iv) be a male member of an aboriginal tribe or race of Africa and be of S.A. Nationality; be over the apparent age of 18 and under the apparent age of 60 years; conform to the standard of physical and mental fitness determined by the SG as necessary for the duties to be performed; be of good character and, if required, be able to produce evidence thereof. (b) Members shall be attested on a form prescribed by the AG, which form shall incorporate an oath or declaration in the form, mutatis mutandis, prescribed in the Third Schedule to the Act. (c) Engagements shall be for one year, reckoned from the date of enrolment, after which they shall continue until terminated in terms of paragraph 14 of this chapter. Regrading (3) (a) Promotions to the grade of senior auxiliary shall be by selection and subject to the approval of the OC Command concerned. (b) Where it has been found to the satisfaction of an OC Command that a senior auxiliary is unfitted for the duties of his grading he may be reduced forthwith to the grading of auxiliary. (c) The OC Command may, where necessary, temporarily appoint an auxiliary as an acting senior auxiliary without the pay of the higher grade. Rates of Pay (4) (a) The following daily rates of pay shall apply and shall be computed on the basis of all days a year and paid by calendar month in arrear - Senior Auxiliary... 5s. 0d. per diem. Auxiliary after 12 months satisfactory service... 4s: 6d. per diem. Auxiliary on Attestation... 4s. 0d. per diem. Provided that in the case of an auxiliary, previous service in the ESPC, any police force or as a full-time volunteer in the UDF may, on the authority of the OC Command, be recognised as service for the purpose of according a pay adjustment in excess of 4s. per diem on attestation. Quarters and Rations (5) (a) Normally a member must provide himself with accommodation and food at his own cost but should the exigencies of the service so demand, he may be instructed to utilise available single departmental camp or barrack quarters and rationing facilities. In such event the following shall apply -

6 Republic of Namibia 6 Annotated Statutes (i) (ii) No charges shall be raised for quarters supplied. The member shall be placed on ration strength and be charged 1s. 3d. per diem in respect of the rations supplied except in the case of a married member who shall not be charged for such rations. (b) A member temporarily absent from his normal duty station and on duty at a place where departmental accommodation and rationing facilities are available, shall be required to utilise such facilities under the conditions prescribed in subparagraph (a) of this paragraph, except that no ration charges will be levied against him. No subsistence allowance shall be payable in these circumstances. Rail Travel (6) (a) A member travelling by rail at public expense will travel third class. (b) A member who is discharged for reasons other than misconduct or unsatisfactory service shall be given a rail warrant at public expense to enable him to return to the railway station in the Union nearest to the place where he resided immediately prior to his attestation provided that this privilege is utilised within one month from the date of discharge. Subsistence Allowance (7) A member travelling by rail on duty or temporarily absent on duty from his normal duty station, at a place where no departmental accommodation and rationing facilities are available, shall be paid subsistence allowance at the rate of 3s. per day pro rata for each completed hour, or portion of a day, provided that for any period of less than twenty-four hours, only reasonable out-of-pocket expenses necessarily incurred will be refunded, subject to a maximum of one full day s allowance. Transfer (8) (a) A member transferred from one duty station to another in the interests of the service shall be transported at public expense. He shall be regarded as travelling on duty and his personal effects not exceeding 200 1b. in weight shall also be transported at public expense. No expenditure incurred in connection with packing of personal effects shall be met from public funds. (b) A member s dependents shall not be transported at public expense. (c) No permanent transfer entailing the expenditure of public funds shall be. arranged without the prior approval of the AG. (d) Any member transferred at his own request shall be required to bear all expenses in connection with his transfer. *** (9) [regulation (9) deleted by GN 1179/1966]

7 Republic of Namibia 7 Annotated Statutes Medical, Dental and Hospital Treatment (10) Members shall be granted the same medical and dental privileges as are accorded to unmarried soldiers of the SAPF. These privileges shall have no cash or pensionable value. Vaccination and Inoculation (11) A member shall submit himself to such vaccination and inoculation as may be directed by the SG. Uniform and Equipment (12) A member shall be provided at public expense with all articles of uniform and equipment, including replacements, in accordance with the scales prescribed by the QMG. Retirement (13) A member may, on the authority of the AG, be retired on the grounds of age at any time after reaching the apparent age of 60 years; provided that no member will be retained in service beyond the apparent age of 65 years. Discharge (14) (a) A member may be discharged forthwith -for any of the reasons set forth in the following table - Reason for Discharge. Authorizing Officer. (i) Irregular enlistment. OC Command (ii) Not likely to become an efficient member OC Command Special Instructions. Discharge is only permissible under this heading before completion of the first year of service. (iii) Declared medically unfit by Medical Board OC Command A member who has been declared medically unfit for further service by a medical board, shall be discharged notwithstanding the fact that he may or may not have been granted vacation or sick leave standing to his credit. (iv) Misstatement of age on enlistment OC Command (v) Unfitted for duties of the BLS OC Command (vi) Conviction by civil power subsequent to enlistment OC Command

8 Republic of Namibia 8 Annotated Statutes (vii) False answers on attestation OC Command OC Command A member may be discharged at any time on or after the completion of the period of initial engagement, provided that he is given or gives 30 days notice of intention to terminate the engagement. The AG may, at his discretion, authorise the discharge of a member where the member has given less than 30 days notice. (ix) Engagement terminated AG To be used only in exceptional cases and during first year of service. Reasons for discharge to be fully stated. (x) Services no longer required OC Command (xi) On reduction of establishment OC Command (xii) Refusal to be inoculated against infectious or contagious disease as Occasion demands OC Command (xiii) Unauthorised absence OC Command After a period of one month s unauthorised absence a member may be discharged in absentia, with effect from the date on which the unauthorised absence commenced. (xiv) Retirement on the grounds of age AG (b) During times of national emergency no member shall be entitled to his discharge unless such discharge is specially authorised by the AG. (c) Discharge Certificate. - On discharge a member shall be provided with a discharge certificate in a form prescribed by the AG and shall not be entitled to or granted any other certificate or testimonial. (d) Character on Discharge. - The assessment of conduct or character given on a discharge certificate shall be one of the following -

9 Republic of Namibia 9 Annotated Statutes (i) (ii) (iii) (iv) Very Good; Good; Fair; Indifferent. Messes and Canteens (15) Separate messes, institutes and dry canteens, as may be required, may be established on the authority of the QMG. Standing orders and instructions for the control, management and accounting of such messes, institutes and dry canteens shall be framed and approved by the OC Command concerned and shall not conflict with the standing orders framed under paragraph 4, Chapter IX, of the Regulations for the SAPF. Funerals (16) (a) The funeral expenses of deceased members shall be met from public funds, but such expenditure shall not exceed the annual contract prices arranged by the Union Tender and Supplies Board for the burial of members of the grading of the deceased member; provided that if no such contract exists the said expenditure shall not exceed 6; provided further that in the case of the death of a member whilst on duty the transport expenses incurred in the removal of the body for burial in a military cemetery shall, in addition to the funeral expenses mentioned in this paragraph, be met from public funds. (b) Unless and until an executor is appointed, it will be the responsibility of the auxiliary inspector under whose command the deceased member served to ensure that a deceased member s estate is dealt with according to law. Exceptional Cases (17) Subject to a recommendation by the PSC and with the approval of the Treasury, the Secretary may in cases not specifically provided for or in cases where there are exceptional circumstances, authorise a departure from the provisions of these regulations. CHAPTER III [Chapter III inserted by GN 1179/1966] LEAVE OF ABSENCE Application of the Regulations for the European Auxiliary Service (1) Chapter III of the Regulations for the EAS with the exceptions of subregulation (1) of regulation 18, subregulation (1) of regulation 19 and regulations 24 and 32, shall mutatis mutandis apply to members of the BLS. Grouping of Members for Leave Purposes

10 Republic of Namibia 10 Annotated Statutes (2) For the purpose of granting leave of absence, members shall be classified into the following groups namely - (a) (b) (c) (d) (e) Group I. - Members who have completed twenty years Government service; Group II. - Members who have completed fifteen but less than twenty years Government service; Group III. - Members who have completed ten but less than fifteen years Government service; Group IV. - Members who have completed five but less than ten years Government service; and Group V. - Members who have completed less than five years Government service. Accrual of Accumulative Vacation Leave with Full Pay 3. For every year of service accumulative vacation leave with full pay shall in respect of the members mentioned in regulation 2 of this chapter, accrue at a rate of - (a) thirty days in the case of members in group I; (b) (c) (d) twenty-six days in the case of members in group II; twenty-two days in the case of members in group III; eighteen days in the case of members in group IV; (e) fourteen days in the case of members in group V. Sick Leave Provision 4. Subject to the provisions of regulation 1 of this ch. ter, members in the groups mentioned in regulation 2, who have completed at least thirty days continous Government service, may, during any cycle, be granted sick leave in accordance with the following scale - Number of Days in each Cycle. Group. With Full Pay With Half Pay I II III IV V Reduction of Sick Leave Provision 5. The sick leave with full pay and with half pay for which provision is made in regulation 4 of this chapter shall, in respect of every month in which a member receives no pay

11 Republic of Namibia 11 Annotated Statutes for sixteen days or more, which need not be consecutive, be reduced by one thirty-sixth in respect of each such excess: Provided that where no sick leave with full pay or with half pay, is available, such reduction shall be recorded against the sick leave provision in respect VL of the member concerned for the next cycle.