shall be guilty of an offence and liable— (i) if the offence was committed with intent to assist the enemy, to suffer death or imprisonment or any lesser punishment; (iii) in any other case, to imprisonment or any lesser punishment. Communications with the enemy and injurious disclosures 3. (1) In this paragraph— “information useful to the enemy” means information which is or purports to be information as to any matter which is of such a nature that information about that matter would or might be directly or indirectly useful to the enemy and in particular, but without prejudice to the generality of the foregoing, means information as to— (a ) the number, description, armament, equipment, disposition, movement or condition of— (i) the Defence Forces; or (ii) any other Military Forces; or (iii) any part of the Forces referred to in subparagraph (i) or (ii) or any ships or aircraft belonging thereto; or (b ) any operations or projected operations of any Forces, ships or aircraft referred to in subparagraph ( a); or (c) any code, cipher, call sign, password or countersign; or (d ) any measures for the defence or fortification of any place; or (e) the number, description or location of any prisoners of war; or (f ) munitions of war. (2) Any member who communicates with or gives to the enemy information useful to the enemy shall be guilty of an offence and liable— (a ) if the offence was committed with intent to assist the enemy, to suffer death or imprisonment or any lesser punishment; (b ) in any other case, to imprisonment or any lesser punishment. (3) Any member who, without authority, discloses, whether orally, in writing, by signal or by any other means whatsoever, any info rmation useful to the enemy shall be guilty of an offence and liable to imprisonment or any lesser punishment. Failure to report contraventions of paragraph 2 or 3 4. Any member who, being aware or having reasonable gr ounds to suspect that any other person is committing or intends to commit any— (a ) offence in terms of paragraph 2; or (b ) offence in terms of subparagraph (2) of paragraph 3; fails to report without delay to a superior officer the facts within his knowledge concerning the activities or suspected activities of such other person shall be guilty of an offence and liable to imprisonment or any lesser punishment. Cowardly behaviour 5. Any member who — (a ) when before the enemy— (i) leaves the post, position or other place where it is his duty to be; or (ii) abandons or throws away his arms, ammunition, equipment or tools; in such a manner as to show cowardice or otherwise behaves in such a manner as to show cowardice; or (b ) when before the enemy, induces any other member who is before the enemy to contravene subparagraph (a ); shall be guilty of an offence and liable to imprisonment or any lesser punishment. Becoming prisoner of war through disobedience or wilful neglect and failure to rejoin forces 6. Any member who — (a ) through disobedience to orders, want of precaution or wilful neglect of his duty, is captured by the enemy; or (b ) having been captured by the enemy, fails to take or prevents or discourages a member or any other person captured by the enemy from taking any reasonable steps which are available to him, or as the case may be, to that person to rejoin the Defence Forces or any other Military Force; shall be guilty of an offence and liable to imprisonment or any lesser punishment. Offences against morale 7. Any member who spreads, whether orally, in writing or by any other means whatsoever, reports relating to the operations against the enemy of— (a ) the Defence Forces; or (b ) any other Military Forces; or (c) any part of the Forces referred to in subparagraph (a) or (b); being reports calculated to create despondency or unnecessary alarm, shall be guilty of an offence and liable to imprisonment or any lesser punishment . Mutiny 8. (1) Any member who— (a ) takes part in a mutiny— (i) involving the use of violence or the threat of the use of violence; or (ii) having as its object or one of its objects the refusal or avoidance of any duty or service against, or in connection with operations against, the enemy or the impeding of the performance of any such duty or service; or (b ) incites any member to take part in such a mutiny, whether actual or intended; shall be guilty of an offence and liable to suffer death or imprisonment or any lesser punishment. (2) Any member who, in a case not falling within subparagraph (1), takes part in a mutiny or incites any member to take part in a mutiny, whether actual or intended, shall be guilty of an offence and liable to imprisonment or any lesser punishment. Failure to suppress mutiny 9. Any member who, knowing that a mutiny is taking place or is intended— (a ) fails to use his utmost endeavours to suppress or prevent it; or (b ) fails to report without delay that the mutiny is taking place or is intended; shall be guilty of an offence and — (i) if his offence was committed with intent to assist the enemy, be liable to suffer death or imprisonment or any lesser punis hment; (ii) in any other case, be liable to imprisonment or any lesser punishment. Offences in relation to guard and other duties 10. (1) For the purposes of this paragraph — (a ) any reference to a member on guard duty shall be construed as a reference to a member or to a member of any other Military Forces who is posted or ordered to patrol or is a member of a guard or other party mounted or ordered to patrol for the purpose of— (i) protecting any persons, premises or place; or

Select target paragraph3

Add to table of contents