[Section inserted b y s. 4 of Act 22/2001]
107 General provisions as to evidence
(1) This section shall apply to the trial of any person for an offence in terms of this Act, whether before a
military court or a civil court.
(2) A document purporting to be a copy of the attestation paper signed by any person and to be certified to be
a true copy by a person stated in the certificate to have the custody of the attestation paper shall be evidence of the
enlistment of the person attested.
(3) The attestation paper purporting to be signed by a person on his enlistment shall be evidence of his ha ving given the answers to questions which he is therein recorded as having given.
(4) A letter, return or other document stating that any person —
(a) was or was not serving at any specified time or during any specified period in any part of the Defence
Forces or other Military Forces or was discharged from any part of those Forces at or before any specified time; or
(b) held or did not hold at any specified time any specified rank or appointment in any of the Forces referred
to in paragraph (a) or had at or before any specified time been attached, posted or transferred to any part
of those Forces or at any specified time or during any specified period was or was not serving or held or
did not hold any rank or appointment in any particular country or place; or
(c) was or was not at any specified time authorized to use or wear any uniform, decoration, badge or emblem;
shall, if purporting to be issued by an authority of the Defence Force or other Military Forces and to be signed by
such an authority, be evidence of the matters stated in the document.
(5) A record made in pursuance of this Act or otherwise in pursuance of military duty and purporting to be
signed by the commanding officer o r by any person whose duty it was to make the record, shall be evidence of the
facts stated therein and a copy of any such record, including the signature thereto, purporting to be certified to be a
true copy by a person stated in the certificate to have the custody of the record, shall be evidence of that record.
(6) A document purporting to be issued by the Commander and to contain any decision, instruction or order
made or given by the Commander shall be evidence of the making or giving of that decision , instruction or order
and of the details thereof.
(7) A certificate purporting to be signed by a member’s commanding officer or any officer authorized by him
to give the certificate and stating the contents of or of any part of standing orders or other routine orders of a
continuing nature made for—
(a) any formation or unit or body of troops; or
(b) any command or other area, garrison or place; or
(c) any ship, train or aircraft;
shall in proceedings against the said person be proof of the matters stated in the certificate.
(8) On the trial of a member charged with any offence in terms of paragraph 15 of the First Schedule, a ce rtificate signed by the person to whom the member who it is alleged deserted or was absent without leave surrendered himself or by whom he was arrested stating the time, date, place and other relevant details of the surrender
or arrest shall be evidence of the matters stated therein.
108 Administration of oaths
An officer may require and administer an oath in such form and in such circumstances as may be prescribed.
109 Declaration of active service
The Minister may, by notice in a statutory instrument, declare any service to be active service for the purposes of this Act.
110 Deductions for barrack damage
(1) In this section—
“premises” includes any mess, canteen, vehicle, vessel, aircraft or train and “quartered”, “billeted” or “occupation” shall be construed accordingly.
(2) Where any—
(a) damage occurs; or
(b) fixtures, furniture or effects are damaged or lost which are at or belong;
to premises in which any unit or part thereof is quartered or billeted, a board of inquiry may be convened in the
prescribed manner to investigate such damage or loss.
(3) If, after the investigation by a board in terms of subsection (2), it appears that—
(a) the damage or loss was occasioned—
(i) by any wrongful act or negligence of members of such unit; and
(ii) whilst such members were in occupation of the premises; and
(b) such members cannot be identified;
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