Section 6: Provisions relating to armed forces

6. Provisions relating to armed forces (1) (a) Nothing done or omitted to be done by a member of the armed forces of the State, while on duty as such, shall subject him or the State to liability in tort for causing the death of another person, or for causing personal injury to another person, in so far as the death or personal injury is due to anything suffered by that other person while he is a member of the armed forces of the State where— (i) at the time when that thing is suffered by that other person, he is on duty as a member of the armed forces of the State or is, though not on duty as such, on any land, premises, ship, aircraft or vehicle for the time being used for the purposes of the armed forces of the State; and (ii) in the case of a member of the armed forces of the State, the President certifies that his suffering that thing has been, or will be, treated as attributable to service, for the purposes of entitlement to compensation under any enactment relating to the disablement or death of members of the force of which he is a member. (b) This subsection shall not exempt a member of the armed forces from liability in tort in any case in which the Court is satisfied that the act or omission was not connected with the execution of his duties as a member of those forces. (2) No proceedings in tort shall lie against the State for death or personal injury due to anything suffered by a member of the armed forces of the State where— (a) that thing is suffered by him in consequence of the nature or condition of any land, premises, ship, aircraft, or vehicle referred to in subsection (1) (a) (i), or in consequence of the nature or condition of any equipment or supplies used for the purposes of those forces; and (b) in the case of a member of the armed forces of the State, the President certifies as mentioned in subsection (1). (3) No act or omission of an officer of the State shall subject him to liability in tort for death or personal injury, in so far as the death or personal injury is due to anything suffered by a member of the armed forces of the State being a thing as to which the conditions specified in this section are satisfied. S36 – 5 [Issue 1] State Proceedings Act (4) Where the Secretary to the Cabinet is satisfied that— (a) a person was, or was not, on a particular occasion on duty as a member of the armed forces of the State; or (b) at any particular time, any land, premises, ship, aircraft, vehicle or equipment was, or was not, used for the purposes of the armed forces, he may issue a certificate certifying that to be the fact, and any such certificate shall, for the purposes of this section, be conclusive as to the fact which it certifies. (5) — [S. 6 amended by Act 48 of 1991.]