DEFENCE LEGISLATION: 2015 REPEAL & AMENDMENT ACT IN EFFECT

The 2015 Defence Laws Repeal & Amendment Act is now in force by presidential publication in the Government Gazette – nearly ten years after joining the statute books.

According to a memorandum on the objects of the Bill concerned, each statute repealed by the new Act ‘is no longer of practical utility’ either because:

  • it no longer has ‘any legal effect on technical grounds’ being ‘spent, unnecessary or obsolete’, or because
  • while it continues to have legal effect, the purpose for which it was enacted either:
    • no longer exists, or
    • is ‘currently being met by alternative means’.

This is noting views expressed by the South African Law Reform Commission (SALRC) in an August 2011 discussion paper on defence laws under review at the time.

The new piece of legislation also amends sub-section 7(f) of the 1993 Castle Management Act, thereby allowing people over the age of 70 to serve on the board.

Published by SA Legal Academy Policy Watch

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