Demobilisation Amendment Act 128 of 1998

Demobilisation Amendment Act, 1998 (No. 128 of 1998)

GENERAL EXPLANATORY NOTE:
[ ]  Words in bold type in square brackets indicate omissions from existing enactments.
__ Words underlined with a solid line indicate insertions in existing enactments.

Act

• to amend the Demobilisation Act, 1996, so as:
  • to amend certain definitions;
  • to further regulate the payment of a dependant’s benefit; and
  • to effect certain technical amendments; and
• to provide for matters connected therewith.

(English text signed by the President.)
(Assented to 20 November 1998.)

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-

Amendment of section 1 of Act 99 of 1996

1. Section 1 of the Demobilisation Act. 1996 (hereinafter referred to as the principal Act), is hereby amended-

(a) by the substitution for the definition of “closing date” of the following definition:

“ ‘closing date’ for the purposes of section [6(1)(c)] 8(1)(c), means [the date 12 months after the date on which this Act comes into operation] 31 March 1999;“; and

(b) by the substitution in the definition of “dependant” for the words preceding paragraph (0) of the following words:

" ‘dependant’, for the purposes of section [5] 7, includes-“.

Amendment of section 3 of Act 99 of 1996

2. Section 3 of the principal Act is hereby amended-

(a) by the substitution for paragraph (b) of subsection (1) of the following paragraph:

“(b) determine whether an applicant is eligible to benefit under the demobilisation programme in terms of sections [4 and 5] 5 and 7;“; and

(b) by the substitution for paragraph (e) of subsection (1) of the following paragraph:

“(e) determine the validity of the mandate of any person to act on behalf of the applicant referred to in section [6(2)] 8(2); and”.

Amendment of section 7 of Act 99 of 1996

3. Section 7 of the principal Act is hereby amended-

(a) by the substitution for subsections (1) and (2) of the following subsections, respectively:

“(1) Notwithstanding the provisions of any other law, a surviving dependant of any person who, but for his or her death, would have been eligible for demobilisation in terms of section [4] 5 shall, subject to subsection (3), be entitled to receive the demobilisation gratuity to which that person would have been entitled, had he or she survived.

(2) For the purposes of this section, section [4(c)] 5(1)(c) shall not apply in determining the eligibility of the deceased.“; and

(b) by the deletion of subsection (4).

Short title and commencement

4. This Act is called the Demobilisation Amendment Act, 1998, and shall be deemed to have come into operation on 18 February 1997.

Amendments

To be repealed by Defence Laws Repeal and Amendment Act 17 of 2015