Intelligence Services Act, 2002 (Act No. 65 of 2002)Chapter III : General35. Missing members |
| (1) | If a member is missing and the Director-General is satisfied that his or her absence arose from the performance of his or her functions in terms of this Act, such member shall for all purposes be deemed to be still employed by the Agency until the day on which he or she again reports for duty or until the day on which a competent court issues an order whereby the death of such member is presumed. |
[Section 35(1) substituted by section 46(a) of Act No. 11 of 2013]
| (2) | The salary or wages and allowances accruing to a member during his or her absence as contemplated in subsection (1) must, subject to subsection (4), be paid to his or her spouse or, if he or she has no spouse, to his or her other dependants, or to any person who is competent to receive and administer such salary or wages and allowances on behalf of .his or her spouse or such other dependants. |
| (3) | Payment of any salary or wages and allowances in terms of subsection (2) must for all purposes be deemed to be payment thereof to the member concerned, and an amount so paid shall not be recoverable by the State from any person. |
| (4) | Notwithstanding subsection (2), the Director-General may in a prescribed manner direct that only a portion of the salary or wages and allowances of a member be paid or that no portion thereof be so paid. |
[Section 35(4) substituted by section 46(b) of Act No. 11 of 2013]