CHAPTER 21:05
BOTSWANA DEFENCE FORCE

ARRANGEMENT OF SECTIONS

   SECTION

PART I
Preliminary

   1.   Short title

   2.   Interpretation

   3.   Provisions as to active service

PART II
Establishment of Defence Force

   4.   Establishment and maintenance of Defence Force

   5.   Employment of Defence Force

   6.   Employment of Defence Force outside Botswana

   7.   Overseas training

PART III
Defence Council

   8.   Establishment of Defence Council

PART IV
Command

   9.   Command of Defence Force

   10.   Command and precedence

   11.   Powers of command of members of co-operating forces

PART V
Appointment of Officers

   12.   Lieutenant-Colonel and above

   13.   Major and below

   14.   Posting and transfer of officers

   15.   Power to make regulations for this Part

PART VI
Enlistment and Termination of Service in the Regular Force

   16.   Recruiting officers

   17.   Enlistment

   18.   Terms of enlistment

   19.   Prolongation of service

   20.   Discharge

   21.   Transfer of Reserve Force

   22.   Postponement of discharge or transfer pending proceedings for offences, etc.

   23.   Discharge upon prescribed grounds

   24.   Restriction of reduction in rank of warrant officers and non-commissioned officers

   25.   Validity of attestation and enlistment

   26.   False answers in attestation papers

PART VII
Discipline and Trial and Punishment of Military Offences

Treachery, Cowardice and Offences arising out of Military Service

   27.   Aiding the enemy

   28.   Communication with the enemy

   29.   Cowardly behaviour

   30.   Offences against morale

   31.   Prisoner of war

   32.   Offences by or in relation to sentries, etc.

   33.   Looting

Mutiny and Insubordination

   34.   Mutiny

   35.   Failure to suppress mutiny

   36.   Insubordinate behaviour

   37.   Disobedience to particular orders

   38.   Obstruction of provost officers

   39.   Disobedience to standing orders

Desertion, Absence Without Leave, etc.

   40.   Desertion

   41.   Absence without leave

   42.   Assisting and concealing desertion and absence without leave

   43.   Falsely obtaining or prolonging leave

   44.   Failure to perform military duties

Malingering and Drunkenness

   45.   Malingering

   46.   Drunkenness

Offences relating to Property

   47.   Offences relating to public and service property

   48.   Offences in relation to property of members of Forces

   49.   Miscellaneous offences relating to property

Offences relating to Billeting

   50.   Billeting offences

Offences relating to, and by, Persons in Custody

   51.   Irregular arrest and confinement

   52.   Permitting escape, and unlawful release, of prisoners

   53.   Resistance to arrest

   54.   Escape from confinement

Offences in relation to Courts-martial

   55.   Offences in relation to courts-martial

   56.   False evidence and contradictory statements

Miscellaneous Offences

   57.   Injurious disclosures

   58.   Making of false statement on enlistment

   59.   Making of false documents

   60.   Scandalous conduct of an officer

   61.   Ill-treatment of officers or men of inferior rank

   62.   Disgraceful and discreditable conduct

   63.   False accusation, etc.

   64.   Attempts to commit military offences

   65.   Conduct to the prejudice of military discipline

Civil Offences

   66.   Civil offences

Punishments

   67.   Punishment of officers

   68.   Punishment of soldiers

   69.   Field punishment

Arrest

   70.   Power to arrest offenders

   71.   Provisions for avoiding delay after arrest

Investigation of, and Summary Dealing with, Charges

   72.   Investigation of charges by commanding officer

   73.   Charges to be dealt with summarily or by court-martial

   74.   Further proceedings on charges against n.c.o.'s and soldiers

   75.   Further proceedings on charges against officers and warrant officers

   76.   Dismissal of charges referred to Commander

   77.   Power of commanding officers to delegate powers

   78.   Limitation of powers of summary dealing with charges

Court-martial: General Provisions

   79.   Trial by, and powers of, court-martial

   80.   Officers having power to convene court-martial

   81.   Constitution of court-martial

   82.   Supplementary provisions as to constitution of courts-martial

   83.   Place of sitting of courts-martial and adjournment to other places

Court-martial: Provisions relating to Trials

   84.   Challenges by accused

   85.   Administration of oaths

   86.   Court-martial to sit in open court

   87.   Dissolution of court-martial

   88.   Decisions of court-martial

   89.   Finding and sentence

   90.   Power to convict of an offence other than that charged

   91.   Rules of evidence

   92.   Privilege of witnesses

   93.   Offences by civilians in relation to court-martial

   94.   Affirmations

Confirmation, Revision and Review of Proceedings of Court-martial

   95.   Confirmation of proceedings of court-martial

   96.   Petition against finding or sentence

   97.   Revision of findings of court-martial

   98.   Powers of Commander on confirmation

   99.   Approval of death sentence

   100.   Review of finding and sentence of court-martial

   101.   Reconsideration of sentences of imprisonment and detention

Review of Summary Findings and Awards

   102.   Review of summary findings and awards

Findings of Insanity

   103.   Provisions where accused found insane

Commencement, Suspension and Duration of Sentences

   104.   Commencement of sentences

   105.   Duration of sentences of imprisonment and detention

   106.   Suspension of sentences

   107.   Restriction on serving of sentences of detention in prisons

   108.   Special provisions as to civil prisons in Botswana

   109.   Special provisions as to carrying out or serving sentences outside Botswana

   110.   Country in which sentence of imprisonment or detention to be served

   111.   Duties of officers in charge of prisons and others to receive prisoners

Trial of Persons Ceasing to be subject to this Act and Time Limits for Trials

   112.   Trial and punishment of offences under this Act notwithstanding offender ceasing to be subject thereto

   113.   Limitation of time for trial of offences under this Act

Relations between Military and Civil Courts and Finality of Trials

   114.   Powers of civil courts

   115.   Persons not to be tried under this Act for offences already disposed of

   116.   Resolution of conflicts of jurisdiction

   117.   Criminal proceedings against member of Defence Force

Enquiries

   118.   Boards of enquiry

   119.   Enquiries into absence

Miscellaneous Provisions

   120.   Restitution or compensation for theft, etc.

   121.   Judge advocate

   122.   Promulgation

   123.   Custody of proceedings of courts-martial and right of accused to copy thereof

   124.   Indemnity for prison officers, etc.

Rules of Procedure, etc.

   125.   Rules of procedure

   126.   Imprisonment and Detention Regulations

   127.   Board of Enquiry Rules

   128.   Miscellaneous regulations

Interpretation of Part VII

   129.   Interpretation of Part VII

PART VIII
Appeals

   130.   Appeal from court-martial

   131.   Appeal to Court of Appeal

   132.   Appeal on charges dealt with summarily

   133.   Person not to be tried again where conviction quashed

   134.   Removal of prisoners for purposes of this Part

   135.   Furnishing, on appeal, of documents relating to trial

   136.   Saving of powers of reviewing authorities

PART IX
Forfeitures and Deductions

   137.   Forfeitures and deductions: general provisions

   138.   Forfeiture of pay for absence from duty

   139.   Deductions for payment of civil penalties

   140.   Compensation for loss occasioned by wrongful act or negligence

   141.   Deductions for barrack damage

   142.   Remission of forfeitures, etc.

PART X
Governmental and General Provisions

Redress of Complaints

   143.   Complaints by officers

   144.   Complaints by soldiers

Exemptions for Officers and Soldiers

   145.   Exemption from service as assessor

   146.   Exemption from execution of property used for military purposes

Provisions relating to Deserters and Absentees without Leave

   147.   Arrest of deserters and absentees without leave

   148.   Proceedings before a civil court where persons suspected of illegal absence

   149.   Deserters and absentees without leave surrendering to police

   150.   Certificates of arrest or surrender of deserters and absentees

   151.   Duties of officers in charge of prisons and others to receive deserters and absentees

Offences relating to Military Matters Punishable by Civil Courts

   152.   Punishment for pretending to be a deserter

   153.   Punishment for procuring and assisting desertion

   154.   Punishment for obstructing officers or soldiers in execution of duty

   155.   Punishment for aiding malingering

   156.   Unlawful purchase, etc. of military stores

   157.   Illegal dealings in documents relating to pay, pensions, mobilization, etc.

   158.   Unauthorized use of and dealing in decorations, etc.

Provisions as to Evidence

   159.   General provisions as to evidence

   160.   Proof of outcome of civil trial

   161.   Evidence of proceedings of court-martial

Miscellaneous Provisions

   162.   Temporary reception in civil custody of persons under escort

   163.   Avoidance of assignment of, or charge on, military pay, pensions, etc.

   164.   Power of certain officers to make statutory declarations

PART XI
Reserve Force

   165.   Composition

   166.   Discharge from Reserve Force

   167.   Reporting of Reserve Force

   168.   Embodiment

   169.   Postponement of discharge

   170.   Failure to attend on embodiment

   171.   Power to make regulations under this Part

PART XII
Application of Act and Supplementary Provisions

   172.   Persons subject to this Act

   173.   Application of Act to civilians

   174.   Application of Act to Reserve Force

   175.   Use of Defence Force in aid of civil power

   176.   P.M.U. members enlisted in Defence Force

   177.   Rewards and Fines Fund

   178.   Power to make regulations

   179.   Execution of orders, instruments, etc.

      Schedule - Alternative Offences of which Accused may be Convicted by Court-martial

Act 13, 1977,
Act 34, 1979,
Act 23, 1980,
Act 10, 1981,
Act 20, 1987,
Act 12, 1994,
Act 8, 1997,
Act 10, 2000,
Act 4, 2005,
S.I. 57, 2006,
Act 18, 2006,
Act 19, 2014.

An Act to provide for the establishment, administration, recruitment, conditions of service, training, command, discipline and employment of the Botswana Defence Force; to declare offences and penalties; to make provision for trials by court-martial and for appeals therefrom; to prevent the unauthorized wearing or use of military uniforms, decorations, medals or badges, and the unauthorized use of certain military documents; and for matters incidental to the foregoing and connected therewith.

[Date of Commencement: 15th April, 1977]

PART I
Preliminary
(ss 1-3)

1.   Short title

   This Act may be cited as the Botswana Defence Force Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires-

"active service" shall be construed in accordance with section 3;

"aircraft" means any machine for flying, whether propelled by mechanical means or not, and includes any description of balloon;

"aircraft material" includes-

   (a)   parts of, and components of or accessories for, aircraft, whether for the time being in the aircraft or not;

   (b)   engines, armaments, ammunition and bombs, and other missiles of any description in, or for use in, aircraft;

   (c)   any other gear, apparatus or instruments in, or for use in, aircraft;

   (d)   any apparatus used in connection with the taking-off or landing of aircraft or for detecting the movement of aircraft;

   (e)   any fuel used for the propulsion of aircraft and any material used as a lubricant for aircraft or aircraft material;

"air signal" means any message, signal or indication given, by any means whatsoever, for the guidance of aircraft or a particular aircraft;

   "appropriate superior authority", in relation to an officer charged with an offence, means-

   (a)   in the case of officers of the rank of Colonel, any officer of the rank of Mayor-General and above;

   (b)   in the case of officers of the rank of Lieutenant-Colonel, an officer of the rank of Brigadier;

   (c)   in the case of officers of the rank of Major and Captain, any officer not below the rank of Colonel;

   (d)   in the case of officers of the rank of Lieutenant and below and warrant officers, any officer not below the rank of Lieutenant-Colonel who is not the commanding officer of the officer charged.

"arrest" includes open arrest;

"before the enemy", in relation to a person, means that he is in action against the enemy or about to go into action against the enemy, or is under attack or threat of imminent attack by the enemy;

"Board of Enquiry Rules" means rules made by the President under section 127;

"civil court" means a court of ordinary criminal jurisdiction, but does not, except where otherwise expressly provided, include any such court outside Botswana;

"civil offence" has the meaning assigned to it in section 66(2);

"Commander" means the person appointed under section 9;

"commanding officer", in relation to a person charged with an offence, means the officer for the time being commanding the unit or detachment to which the person belongs or is attached;

"competent military authority" means the Defence Council or any officer as may be prescribed;

"corresponding civil offence" has the meaning assigned to it in section 66(2);

"court-martial" means a court-martial under this Act;

"damage" includes destruction, and references to damaging shall be construed accordingly;

"date of attestation", in relation to any person, means the date on which he is attested in accordance with the provisions of regulations made under this Act;

"decoration" includes medal, medal ribbon, clasp and good-conduct badge;

"Defence Council" means the Defence Council established under Part III;

"Defence Force" means the Botswana Defence Force established by section 4;

"desertion" shall be construed in accordance with section 40;

"detachment" means a part of a unit which is so separated from the unit to which it belongs that the officer commanding that unit cannot effectively exercise his disciplinary powers as commanding officer over it;

"enemy" includes all persons engaged in armed operations against the Defence Force or any forces co-operating therewith and also includes all armed mutineers, armed rebels and armed rioters;

"field rank" means the rank of Major and any higher rank, and "field officer" shall be construed accordingly;

"Imprisonment and Detention Regulations" means regulations made by the President under section 126;

   "local rank" means a rank to which an officer or a member of the Force may be appointed, higher than his substantive rank, which is neither a substantive rank nor an acting rank, which does not entitle him to any increase in salary or other financial benefit, and which is made in circumstances where there is no vacancy in the establishment for officers or members of such rank, but where the officer or other member is required to perform the duties of such rank;

"provost officer" means a provost marshall or officer subject to this Act appointed to exercise the functions conferred by or under this Act on provost officers;

"public property" means any property belonging to any department of the Government or held for the purposes of any such department;

   "rank" includes substantive rank, acting rank and local rank;

"recruiting officer" means a person authorized as such under section 16;

"Regular Force" means the Regular Force of the Defence Force referred to in section 4(1);

"Reserve Force" means the Defence Force Reserve referred to in section 4(1);

"Rules of Procedure" means the Rules of Procedure made by the President under section 125;

"service", when used adjectively, means belonging to or connected with the Defence Force or any part of the Defence Force, or any force co-operating therewith;

"soldier" does not include an officer but, with the modifications contained in this Act in relation to warrant officers and non-commissioned officers, includes a warrant officer and a non-commissioned officer;

"stoppages" means the recovery, by deductions from the pay of the offender, of a specified sum by way of compensation for any expense, loss or damage occasioned by the offence;

"unit" means-

   (a)   any independent portion of the Defence Force which is not higher in the organization of the Defence Force than a battalion or any equivalent formation of troops; or

   (b)   any other body of the Defence Force declared to be a unit.

   (2) References in this Act to officers and soldiers of the Defence Force shall be construed as including references to officers and soldiers attached or seconded to the Defence Force.

3.   Provisions as to active service

   (1) In this Act the expression "on active service", in relation to any unit, means that it is engaged in operations against the enemy, and, in relation to a person, means that he is serving in or with a unit which is on active service.

   (2) Where it appears to the President that, by reason of the imminence of active service or of the recent existence of active service, it is necessary in the public interest that a unit should be deemed to be an active service, he may declare that for such period, not exceeding six months beginning with the coming into force of the declaration as may be specified therein, that unit shall be deemed to be on active service.

   (3) Where it appears to the President necessary in the public interest that the period specified in a declaration under subsection (2) should be prolonged, or, if previously prolonged under this section, should be further prolonged, he may declare that the said period shall be prolonged by such period, not exceeding six months, as may be specified in the declaration under this subsection.

   (4) If at any time while a unit is deemed to be on active service by virtue of this section it appears to the President that there is no longer necessity for the unit to continue to be treated as being on active service, he may declare that from the coming into operation of the declaration the unit shall cease to be deemed to be on active service.

   (5) Any declaration under this section shall be by proclamation published in the Gazette.

PART II
Establishment of Defence Force
(ss 4-7)

4.   Establishment and maintenance of Defence Force

   (1) There shall be established and maintained in Botswana a force to be known as the "Botswana Defence Force", which shall consist of-

   (a)   the Regular Force of the Defence Force; and

   (b)   the Defence Force Reserve,

and may include a Volunteer Force of the Defence Force.

   (2) Such components of the Defence Force referred to in subsection (1) may be formed into units or other military bodies as the President may from time to time determine.

5.   Employment of Defence Force

   The Defence Force shall be charged with the defence of Botswana and with such other duties as may from time to time be determined by the President.

6.   Employment of Defence Force outside Botswana

   The President may at any time order that the whole or any part of the Defence Force shall be employed out of or beyond Botswana.

7.   Overseas training

   (1) The President may order that any officer or soldier of the Regular Force, or, with his consent, any officer or soldier of the Defence Force Reserve, shall proceed to any place outside Botswana for the purpose of undergoing instruction or training or for duty or employment.

   (2) The President may, if the consent of the officer or soldier concerned is first obtained, place any officer or soldier of the Defence Force at the disposal of military authorities of any other country for the purpose of his being attached to the armed forces of that country.

PART III
Defence Council
(s 8)

8.   Establishment of Defence Council

   (1) There shall be a Defence Council which shall, subject to the provisions of this Act and to the general or special directions of the President, be responsible for the control, direction and general superintendence of the Defence Force.

   (2) The responsibility of the Defence Council shall not extend to the operational use of the Defence Force which shall remain vested in the President who may delegate such responsibility as he may think fit to the Commander.

   (3) The Defence Council shall consist of such persons as the President shall, from time to time, determine, together with the Commander, who shall be an ex-officio member.

PART IV
Command
(ss 9-11)

9.   Command of Defence Force

   (1) The President shall appoint an officer to be Commander of the Defence Force and the command of the Defence Force shall vest in the person so appointed.

   (2) The Commander shall have such rank and title and fulfil such duties and functions as may be determined by the President.

   (3) The Commander may delegate to any officer under his command such duties, functions and powers, other than such power of delegation, as he may from time to time deem expedient.

10.   Command and precedence

   Officers and soldiers of the Defence Force shall stand with each other in order of rank and seniority or in such order of precedence as may be prescribed by the Defence Council.

11.   Powers of command of members of co-operating forces

   (1) Insofar as the powers of command depend on rank, a member of a military force from any country outside Botswana who is-

   (a)   acting with; or

   (b)   a member of a body of those forces which is acting with,

any body in the Defence Force shall have the same powers as a member of the Defence Force of corresponding rank, and, for the purposes of sections 36 and 70, any such member of the said forces shall be treated as if he were a member of the Defence Force of corresponding rank.

   (2) If the whole or any part of the Defence Force is required to act with any other military, naval or air force the President may place the Defence Force or such part thereof under the command of the officer commanding such other force.

   (3) Where any part of the Defence Force is acting in co-operation with any other force, the Commander or the officer commanding that part of the Defence Force may, in agreement with the officer commanding that other force, define the powers of command and the order or precedence of the officers and other ranks of the Defence Force in relation to the officers and other ranks of such other force.

PART V
Appointment of Officers
(ss 12-15)

12.   Lieutenant-Colonel and above

   Officers of the rank of Lieutenant-Colonel and above shall be appointed by the President.

13.   Major and below

   Officers of the rank of Major and below shall be appointed by the Commander.

14.   Posting and transfer of officers

   (1) Every officer upon being appointed shall be posted to one of the components of the Defence Force specified in section 4(1).

   (2) The President may, upon such terms and conditions as may be prescribed, transfer any officer between the Regular Force and the Reserve Force.

15.   Power to make regulations for this Part

   Subject to the provisions of this Act, the President may make regulations for the better carrying out of this Part and, without prejudice to the generality of the foregoing, such regulations may make provision with respect to the appointment of officers, their terms of service, transfer, promotion, retirement, resignation, removal from office, and such other matters concerning officers as may seem necessary.

PART VI
Enlistment and Termination of Service in the Regular Force
(ss 16-26)

16.   Recruiting officers

   Any person authorized in that behalf by regulations, in this Act referred to as a "recruiting officer", may enlist recruits in the Regular Force in the prescribed manner.

17.   Enlistment

   (1) A person offering to enlist in the Regular Force shall be given a notice in the prescribed form setting out the questions to be answered on attestation and stating the general conditions of the engagement to be entered into by him, and a recruiting officer shall not enlist any person in the Regular Force unless satisfied by that person that he has been given such a notice, understands it and wishes to be enlisted.

   (2) A recruiting officer shall not enlist a person under the apparent age of 18 years.

18.   Terms of enlistment

   (1) A soldier enlisted in the Regular Force shall be on permanent and pensionable terms.

   (2) A soldier of the rank listed in the first column hereof shall retire from his employment in the Force upon attaining the age specified in the second column in relation to the rank-

   Rank

Retirement age

   Private

45 years

   Lance Corporal

47 years

   Corporal

49 years

   Sergeant

51 years

   Warrant Officer II

53 years

   Warrant Officer I

55 years.

   (3) Notwithstanding subsection (2), a soldier may-

   (a)   in such manner as may be prescribed and with the agreement of the Commander, resign from the Force at an earlier age than 45 years; or

   (b)   retire at any time on or after completing 20 years pensionable service or on or after attaining the age of 45 years, other than a soldier belonging to the rank of Private, by giving three months notice in writing to the Commander of his intention to do so.

19.   Prolongation of service

   Any soldier of the Regular Force whose service expires during a state of war, insurrection, hostilities or public emergency may be retained in the Regular Force and his service prolonged for such period as the Defence Council may direct.

20.   Discharge

   (1) Except as hereinafter in this Act provided, every soldier of the Regular Force, upon becoming entitled to be discharged, shall be discharged with all convenient speed, but until discharged shall remain subject to this Act.

   (2) Where a soldier of the Regular Force who is entitled to be discharged is serving out of Botswana, then-

   (a)   if he requires to be discharged in Botswana, he shall be sent there free of cost with all convenient speed and shall be discharged on his arrival there, or, if he consents to his discharge being delayed, within six months of his arrival; but

   (b)   if at his request he is discharged at the place where he is serving, he shall have no claim to be sent to Botswana or elsewhere.

   (3) Except in pursuance of a sentence of a court-martial, a soldier of the Regular Force shall not be discharged unless his discharge has been authorized by order of the competent military authority.

   (4) Every soldier of the Regular Force shall be given on his discharge a certificate of discharge containing such particulars as may be prescribed.

21.   Transfer to Reserve Force

   Every soldier of the Regular Force shall, on being discharged under section 20, be transferred to the Reserve Force and shall serve in the Reserve Force for a period of five years from such discharge or until he attains the age of 50 years, whichever period is the shorter.

22.   Postponement of discharge or transfer pending proceedings for offences, etc.

   (1) Notwithstanding anything in this Part, a soldier of the Regular Force shall not be entitled to be discharged or transferred to the Reserve Force at a time when he has become liable to be proceeded against for an offence against any provision of this Act:

   Provided that, if it is determined that the offence shall not be tried by court-martial, this subsection shall cease to apply.

   (2) Notwithstanding anything in this Part, a soldier of the Regular Force who is serving a sentence of imprisonment or detention awarded by a court-martial or by his commanding officer shall not be entitled to be discharged or transferred to the Reserve Force during the currency of the sentence.

23.   Discharge upon prescribed grounds

   A soldier of the Regular Force may be discharged by the Commander at any time during the currency of his term of engagement upon such grounds as may be prescribed.

24.   Restriction of reduction in rank of warrant officers and non-commissioned officers

   (1) A warrant officer or non-commissioned officer of the Regular Force, other than a lance-corporal, shall not be reduced in rank except by a sentence of a court-martial or by order of the Commander.

   (2) For the purposes of this section a reduction in rank does not include reversion from acting rank to substantive rank or above.

25.   Validity of attestation and enlistment

   (1) Where a person has made such declaration upon his attestation as may be prescribed and has thereafter received pay as a soldier of the Regular Force-

   (a)   the validity of his enlistment shall not be called in question on the ground of any error or omission in his attestation paper;

   (b)   after the expiration of a period of three months from the date on which he made the said declaration, he shall be deemed to have been validly enlisted notwithstanding any non-compliance with the requirements of this Act or any regulations made as to enlistment or attestation or any other ground whatsoever (not being an error or omission in his attestation paper) and he shall be deemed to be a soldier of that Force until his discharge.

   (2) Where a person has received pay as a soldier of the Regular Force without having previously made such declaration as aforesaid-

   (a)   he shall be deemed to be a soldier of that Force until discharged;

   (b)   he may claim his discharge at any time and if he makes such claim the claim shall be submitted as soon as may be to the competent military authority who shall, if the claim is well-founded, cause him to be discharged with all convenient speed.

   (3) Nothing in the foregoing provisions of this section shall be construed as preventing the discharge of a person who has not claimed his discharge.

26.   False answers in attestation papers

   (1) If a person appearing before a recruiting officer for the purpose of being enlisted in the Regular Force knowingly makes a false answer to any question contained in the attestation paper and put to him by or by the direction of the recruiting officer, he shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

   (2) For the avoidance of doubt it is hereby declared that a person may be proceeded against under this section notwithstanding that he has since become subject to this Act.

PART VII
Discipline and Trial and Punishment of Military Offences
(ss 27-129)

Treachery, Cowardice and Offences arising out of Military Service (ss 27-33)

27.   Aiding the enemy

   (1) Any person subject to this Act who with intent to assist the enemy-

   (a)   abandons or delivers up any place or post which it is his duty to defend, or induces any person to abandon or deliver up any place or post which it is that person's duty to defend;

   (b)   does any act calculated to imperil the success of operations of the Defence Force, or of any forces co-operating therewith, or any part of the Defence Force or of those forces;

   (c)   having been made a prisoner of war, serves with or aids the enemy in the prosecution of hostilities or of measures calculated to influence morale, or in any other manner whatsoever not authorized by international usage;

   (d)   furnishes the enemy with arms or ammunition or with supplies of any description or with any thing likely to assist him (whether similar to any of the things aforesaid or not); or

   (e)   harbours or protects an enemy not being a prisoner of war,

shall, on conviction by court-martial or by the High Court, be liable to suffer death or any other punishment provided by this Act.

   (2) Any person subject to this Act who knowingly and without lawful excuse does any of the acts specified in subsection (1) shall, where it is not proved that he acted with intent to assist the enemy, be liable on conviction by court-martial or by the High Court to imprisonment or any less punishment provided by this Act.

   (3) Any person subject to this Act who negligently causes the capture or destruction by the enemy of any aircraft belonging to the Defence Force or any forces co-operating therewith, shall, on conviction by court-martial or by the High Court, be liable to imprisonment or any less punishment provided by this Act.

28.   Communication with the enemy

   (1) Any person subject to this Act who, with intent to assist the enemy, communicates with or gives intelligence to the enemy shall, on conviction by court-martial or by the High Court, be liable to suffer death or any punishment provided by this Act.

   (2) Any person subject to this Act who without authority communicates with or gives intelligence to the enemy shall, on conviction by court-martial or by the High Court, be liable to imprisonment or any less punishment provided by this Act.

   (3) In this section the expression "intelligence" means information which is or purports to be information as to any matter such that information about it would or might be directly or indirectly useful to an enemy, and in particular (but without prejudice to the generality of the foregoing provisions of this subsection) information as to any matter falling within the following paragraphs, being a matter such that information as to it would or might be useful as aforesaid-

   (a)   the number, description, armament, equipment, disposition, movement or condition of the Defence Force or of any forces co-operating therewith, or any aircraft of the Defence Force or aircraft of any such co-operating forces;

   (b)   any operations or projected operations of any such forces or aircraft as aforesaid;

   (c)   any code, cipher, call-sign, password or countersign;

   (d)   any measures for the defence or fortification of any place;

   (e)   the number, description or location of any prisoners of war; or

   (f)   munitions of war.

29.   Cowardly behaviour

   (1) Any person subject to this Act who when before the enemy-

   (a)   leaves his post, position or other place where it is his duty to be; or

   (b)   throws away his arms, ammunition or tools,

in such a manner as to show cowardice, or otherwise behaves in such a manner as to show cowardice, shall be guilty of an offence.

   (2) Any person subject to this Act who when before the enemy induces any other person subject to this Act and before the enemy to commit an offence under subsection (1) shall be guilty of an offence.

   (3) Any person guilty of an offence against this section shall, on conviction by court-martial or by the High Court, be liable to suffer death or any other punishment provided by this Act.

30.   Offences against morale

   Any person subject to this Act who-

   (a)   spreads (whether orally, in writing, by signal or otherwise) reports relating to operations of the Defence Force or of any forces co-operating therewith, or of any part of the Defence Force or any of those forces, being reports calculated to create despondency or unnecessary alarm; or

   (b)   when before the enemy uses words calculated to spread despondency or unnecessary alarm,

shall, on conviction by court-martial or by the High Court, be liable to imprisonment or any less punishment provided by this Act.

31.   Prisoner of war

   (1) Any person subject to this Act who, through disobedience to orders or wilful neglect of his duty, is captured by the enemy shall be guilty of an offence.

   (2) Any person subject to this Act who, having been captured by the enemy, fails to take, or prevents or discourages any other person subject to this Act captured by the enemy from taking, any reasonable steps to rejoin the Defence Force which are available to him or, as the case may be, to that other person, shall be guilty of an offence.

   (3) Any person guilty of an offence against this section shall, on conviction by court-martial or by the High Court, be liable to imprisonment or any less punishment provided by this Act.

32.   Offences by or in relation to sentries, etc.

   (1) Any person subject to this Act who while on guard duty-

   (a)   sleeps at his post;

   (b)   when not on duty at his post, is asleep at a time when he is not allowed to be asleep;

   (c)   is drunk; or

   (d)   leaves his post without having been regularly relieved, or otherwise absents himself from any place where it is his duty to be,

shall be guilty of an offence.

   (2) For the purposes of this section a person shall be deemed to be drunk if owing to the influence of alcohol or any drug, whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty or with any duty which he may be called upon to perform, or behaves in a disorderly manner or in any manner likely to bring discredit on the Defence Force.

   (3) Any person subject to this Act who strikes or otherwise uses force against any person on guard duty, being a member of the Defence Force or of any forces co-operating with the Defence Force, or who by the threat of force compels any such person to let him or any other person pass, shall be guilty of an offence.

   (4) Any person guilty of an offence against this section shall, on conviction by court-martial or by the High Court, be liable to imprisonment or any less punishment provided by this Act:

   Provided that if the offence is not committed on active service he shall not be liable to imprisonment for more than two years.

   (5) References in this section to a person on guard duty are references to a person who-

   (a)   is posted or ordered to patrol; or

   (b)   is a member of a guard or other party mounted or ordered to patrol,

for the purpose of protecting any person, premises or place.

   (6) The foregoing provisions of this section shall apply in relation to persons posted or ordered to patrol, or members of a party mounted or ordered to patrol, for the purposes of preventing or controlling access to or egress from any premises or place, or regulating traffic by road, by rail or on any inland navigation, as they apply to persons on guard duty.

33.   Looting

   Any person subject to this Act who-

   (a)   steals from, or with intent to steal searches the person of, anyone killed or wounded in the course of warlike operations;

   (b)   steals any property which has been left exposed or unprotected in consequence of warlike operations; or

   (c)   takes otherwise than for the public service any vehicle, equipment or stores abandoned by the enemy,

shall be guilty of looting and liable, on conviction by court-martial or by the High Court, to imprisonment or any less punishment provided by this Act.

Mutiny and Insubordination (ss 34-39)

34.   Mutiny

   (1) Any person subject to this Act who-

   (a)   takes part in a mutiny involving the use of violence or the threat of the use of violence, or 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 person subject to this Act to take part in such a mutiny, whether actual or intended,

shall, on conviction by court-martial or by the High Court, be liable to suffer death or any other punishment provided by this Act.

   (2) Any person subject to this Act who, in a case not falling within subsection (1), takes part in a mutiny, or incites any person subject to this Act to take part in a mutiny, whether actual or intended, shall, on conviction by court-martial or by the High Court, be liable to imprisonment or any less punishment provided by this Act.

   (3) In this Act "mutiny" means a combination of between two or more persons subject to this Act, or between persons two at least of whom are subject to this Act-

   (a)   to overthrow or resist lawful authority in the Defence Force or any forces co-operating therewith or in any part of the Defence Force or any of the said forces;

   (b)   to disobey such authority in such circumstances as to make the disobedience subversive of discipline, or with the object of avoiding any duty or service against, or in connection with operations against, the enemy; or

   (c)   to impede the performance of any duty or service in the Defence Force or in any forces co-operating therewith or in any part of the Defence Force or any of the said forces.

35.   Failure to suppress mutiny

   Any person subject to this Act 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, on conviction by court-martial or by the High Court-

      (i)   if his offence was committed with intent to assist the enemy, be liable to suffer death or any other punishment provided by this Act;

      (ii)   in any other case, be liable to imprisonment or any less punishment provided by this Act.

36.   Insubordinate behaviour

   (1) Any person subject to this Act who-

   (a)   strikes or otherwise uses violence to, or offers violence to, a superior officer; or

   (b)   uses threatening, or insubordinate language to a superior officer,

shall, on conviction by court-martial or by the High Court, be liable to imprisonment or any less punishment provided by this Act:

   Provided that he shall not be liable to be imprisoned for more than two years if the offence was not committed on active service and did not involve the striking of or other use of violence, or offering of violence, to a superior officer exercising authority as such.

   (2) In this section the expression "superior officer", in relation to a person, means an officer, warrant officer or non-commissioned officer of superior rank, and includes an officer, warrant officer or non-commissioned officer of equal rank but greater seniority while exercising authority as the said person's superior.

37.   Disobedience to particular orders

   (1) Any person subject to this Act who, in such manner as to show a wilful defiance of authority, disobeys any lawful command given or sent to him personally shall, on conviction by court-martial or by the High Court, be liable to imprisonment or any less punishment provided by this Act.

   (2) Any person subject to this Act who, whether wilfully or through neglect, disobeys any lawful command shall, on conviction by court-martial or by the High Court, be liable to imprisonment or any less punishment provided by this Act:

   Provided that if the offence was not committed on active service he shall not be liable to be imprisoned for more than two years.

38.   Obstruction of provost officers

   Any person subject to this Act who-

   (a)   obstructs; or

   (b)   when called on, refuses to assist,

any person known to him to be a provost officer, or to be a person (whether subject to this Act or not) legally exercising authority under or on behalf of a provost officer, shall, on conviction by court-martial or by the High Court, be liable to imprisonment for two years or any less punishment provided by this Act.

39.   Disobedience to standing orders

   (1) Any person subject to this Act who contravenes or fails to comply with any provision of orders to which this section applies, being a provision known to him, or which he might reasonably be expected to know, shall, on conviction by court-martial or by the High Court, be liable to imprisonment for two years or any less punishment provided by this Act.

   (2) This section applies to standing orders or other routine orders of a continuing nature made for any formation or unit of troops, or for any command or other areas, garrison or place, or for any vessel, train or aircraft.

Desertion, Absence without Leave, etc. (ss 40-44)

40.   Desertion

   (1) Any person subject to this Act who-

   (a)   deserts; or

   (b)   persuades or procures any other person subject to this Act to desert,

shall, on conviction by court-martial or by the High Court, be liable to imprisonment or any less punishment provided by this Act:

   Provided that a person shall not be liable to be imprisoned for more than two years unless-

   (i)   if the offence was against paragraph (a), he was on active service or under orders for active service at the time it was committed;

   (ii)   if the offence was against paragraph (b), the person in relation to whom it was committed was on active service at that time.

   (2) For the purposes of this Act, a person deserts who-

   (a)   leaves the Defence Force or, when it is his duty to do so, fails to join or rejoin the Defence Force, with (in either case) the intention, subsisting at the time of leaving or failure, or formed thereafter, of remaining permanently absent from his duty;

   (b)   being an officer, enlists in or enters any part of the Defence

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