[Chapter 10:07], other than the power to order a person to be detained in custody, and sections 9 to 13 and 15 to
19 of that Act shall apply, mutatis mutandis, in relation to such an inquiry or investigation and to any person
summoned to give or giving evidence at that inquiry or investigation:
Provided that no person shall be required by the Commission to disclose information or to produce an official
document, book or other record if—
(a) its disclosure or production is prohibited or restricted in terms of any enactment prohibiting or restricting
the disclosure of information; or
(b) the Minister certifies in writing that its disclosure or production would be contrary to the interests of the
Defence Forces.
35 Procedure of Commission
The Commission shall meet at least once every month for the discharge of its business, or at such longer intervals as the chairman of the Commission may fix, and may adjourn, close and otherwise regulate its mee tings
and proceedings as it thinks fit.
36 Staff of Commission
The Minister, in consultation with the Public Service Commission, may second to the Commission such
members o f the Public Service as may be necessary for the discharge of the Commission’s functions.
37 Reports of Commission
(1) The Commission—
(a) shall, as soon as possible after the 31st December in each year, submit to the Minister an annual report
upon matters dealt with by the Commission during the previous year, save such matters as the Commission may consider inexpedient to publish;
(b) may at any time submit to the Minister a special report on any matter upon which the Commission
considers it desirable to report.
(2) The Minister shall lay before Parliament on one of the fourteen days on which Parliament next sits after
the report is received by him—
(a) every annual report submitted to him in terms of paragraph (a) of subsection (1);
(b) any special report submitted to him in terms of paragraph (b ) of subsection (1) which the Commission
requests be laid before Parliament.
38 Validity of acts and decisions of Commission
No decision or act of the Commission or act done under the authority of the Commission shall be invalid
solely because—
(a) a person who was not entitled to do so acted as a commissioner when the decision was taken or the act
was done or authorized; or
(b) there were one or more vacancies on the Commission when the decision was taken or the act was done
or authorized.
PART V
M ILITARY O FFENCES, P OWERS OF ARREST , SEARCH AND DETENTION
39 Application of First Schedule
(1) The First Schedule shall apply to members of the Regular Force, other than members attached or seconded to other Military Forces in terms of subsection (2) of section twenty-eight.
(2) Subject to subsection (1) of section forty-six, the First Schedule shall apply to members of Reserve Force
in relation to any National Service undertaken or to be undertaken.
40 Power to arrest offenders
(1) Subject to this section and subsection (1) of section forty-two, any member found committing an offence
in terms of this Act or who is on reasonable grounds suspected of having committed any such offence may be
arrested by a member and taken into military custody.
(2) An officer may be arrested by an officer of superior rank or, if engaged in a quarrel or disorder, by an officer of any rank.
(3) A member, other than an officer, may be arrested by any other member of superior rank.
(4) A provost officer or any officer or non-commissioned officer legally exercising authority under a provost
officer or on his behalf may arrest—
(a) any officer on the order of another officer; or
(b) any non-commissioned officer or soldier.
(5) Subject to any regulations, the power of arrest given to any member by this section may be exercised either personally or by ordering into arrest the member to be arrested or by giving orders for that member’s arrest.
(6) Any member who in terms of this section arrests or orders into arrest any other member shall forth with
inform such member of the cause of the arrest.