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Selected excerpts relating to security arrangements and threat perception: 1991-1993.

2.1 National Peace Accord, 14 September 1991 (*)

CHAPTER 3

SECURITY FORCES: GENERAL PROVISIONS

3.1 GENERAL PRINCIPLES

3.1.1 The police shall endeavour to protect the people of South Africa from all criminal acts and shall do so in a rigorously non-partisan fashion, regardless of the political belief and affiliation, race, religion, gender or ethnic origin of the perpetrators or victims of such acts.

3.1.2 The police shall endeavour to prevent crimes and shall attempt to arrest and investigate all those reasonably suspected of committing crimes and shall take the necessary steps to facilitate the judicial process.

3.1.3 The police shall be guided by a belief that they are accountable to society in rendering their policing services and shall therefore conduct themselves so as to secure and retain the respect and approval of the public. Through such accountability and friendly, effective and prompt service, the police shall endeavour to obtain the co-operation of the public whose partnership in the task of crime control and prevention is essential.

3.1.4 The police, as law enforcement officers, shall expect a higher standard of conduct from its members in the execution of their duties than they expect from others and in pursuance hereof, supports prompt and efficient investigation and prosecution of its own members alleged to have acted unlawfully and shall commit itself to continue the proper training and retraining of its members in line with the objectives of professional policing and the principles set out in Chapters 3 and 4 of this Accord. The police in particular shall emphasise that there is no place in the police force for policing practices based on personal or racial prejudice, corruption, excessive force or any unlawful actions.

3.1.5 The police shall exercise restraint in the pursuance of their duties and shall use the minimum force that is appropriate in the circumstances.

3.1.6 Parties, organisations and individuals acknowledge that they too have a contribution to make in the process of sustaining, developing and encouraging a police force of which all South Africans can be proud. This involves a respect for the professionalism of the police force, and assisting the police in the performance of their legitimate duties.

3.2 THE POLICE SHALL OBSERVE THE FOLLOWING MORE DETAILED SET OF REQUIREMENTS:

3.2.1 The police shall endeavour to protect the people of South Africa from all criminal acts and acts of political violence, and shall do so in a rigorously nonpartisan fashion, regardless of the political belief and affiliation, religion, gender, race, or ethnic origin of the perpetrators or victims of such acts.

3.2.1.1 The police must always respond promptly to calls for assistance and intervention.

3.2.1.2 Where prior notification is given of possible violence, the police must take all reasonable steps to prevent such an outbreak of violence.

3.2.1.3 The police shall endeavour to disarm those persons illegally bearing dangerous weapons in any gathering or procession.

3.2.2 The police shall endeavour to prevent crimes and shall attempt to arrest and investigate all those reasonably suspected of committing crimes and shall take the necessary steps to facilitate the judicial process.

3.2.2.1 Where violent clashes occur the police shall attempt to arrest all those reasonably suspected of participating in any unlawful act If the police are unable for any reason to arrest all suspects, efforts must be made to photograph, video or otherwise identify the suspects.

3.2.2.2 After a suspect has been arrested, the police shall conduct a full, proper and expeditious investigation into the complaint, shall endeavour to submit the necessary evidence to the Attorney-General as soon as possible and shall give all the necessary cooperation in this regard.

3.2.2.3 In addition to rights arrested persons have in terms of the law, suspects arrested solely for crimes related to political violence should be informed of their rights and given the opportunity to telephone their family or a lawyer. Judges Rules shall consistently be applied by all police officials.

3.2.2.4 All criminal complaints shall be accepted at a charge office. After the complaint is accepted, the complainant shall be given a form containing the complaint number and the nature of the charge. The name and telephone number of the investigating officer shall be made available or dispatched within seven days to the complainant.

3.2.2.5 The complainant shall, upon request, be entitled to any relevant information from the investigating officer on the progress and outcome of the investigation.

3.2.2.6 In order to investigate all crimes relating to 'political violence", which includes public violence as defined in the Prevention of Public Violence and Intimidation Act, 1991, the police shall establish a special police investigation unit on the following basis:

(i) A police investigation unit shall be established under the command of a police general (or senior police officer in the case of self-governing territories).

(ii) This police general shall monitor, co-ordinate and supervise investigations into crimes of political violence.

(iii) A senior police officer shall be appointed in the region of each special criminal court and shall carry out his duties and functions under the command of the said police general.

(iv) It will be the responsibility of each such officer as assisted by such officials as are seconded to him or appointed on an ad hoc basis to assist him, to conduct or supervise investigations into crimes of political violence, in the region of that special criminal court.

(v) When necessary each such officer shall liaise with the prosecutor of the special court in regard to the conduct of investigations into crimes of political violence.

(vi) Each such officer may personally investigate such crimes and/or supervise investigations performed by ordinary units of the police.

(vii) The police general who commands the special investigation unit as well as each such officer shall, where possible, have sufficient personnel and resources at his disposal to enable him to effectively carry out his powers and functions.

(viii) Each such officer shall be responsible for compiling a monthly report on the progress of investigations and for referring it to the police general who commands the special investigations unit. The Standing Commission and/or the National Peace Committee may inquire on the progress of the investigations and the police general shall submit a report.

(ix) In all cases where an affidavit containing evidence is submitted to the National Peace Committee or Regional Dispute Resolution Committee to the effect that the local police in any station and/or district have acted with bias towards a political party or organisation in that district, the investigation into any incident of alleged political violence shall, on basis of the affidavit, be conducted by the special investigation unit with jurisdiction in that region or under the supervision of an officer from such unit.

(x) The National Peace Committee shall be informed of the appointment of the police general and the senior officers.

(xi) The Commissioner of Police shall have regard to recommendations of the National Peace Committee.

3.2.3 The police shall be guided by a belief that they are accountable to society in rendering their policing services and shall therefore conduct themselves so as to secure and retain the respect and approval of the public.

Accountability in this paragraph and also referred to in clause 3.1.3 above, as well as in the Police Code of Conduct, entails the following:

3.2.3.1 In order to facilitate better communication with the community, the police shall, in each locality where a Local Dispute Resolution Committee exists:

(i) consult regularly with:

(a) the Local Dispute Resolution Committee, or in its absence, community leaders, including representatives of signatories to this accord, and

(b) community leaders, on the efficient functioning of the police in that community and shall regularly communicate with such committee, representatives or leaders on the issues raised by them with the police.

(ii) establish a liaison officer of rank not lower than a warrant officer, in each police district, to which requests for urgent assistance may be directed. The police shall notify the LDRC of the identity of liaison officers.

3.2.3.2 In addition to the normal channels available within the Department of Law and Order, complaints against the police may also be referred to the Police Reporting Officer, or, depending on the nature of such complaints, to the Standing Commission on Violence and Intimidation.

3.2.3.3 If the police feel they are unfairly victimised or harassed by any person or body or organisation they will have the right to raise a complaint to the National Peace Committee or any other appropriate body.

3.2.4 The police shall expect a higher standard of conduct from themselves than they expect from others.

3.2.4.1 Complaints of alleged police misconduct which is of such a serious nature that it may detrimentally affect police/community relations should be referred to the Police Reporting Officer or the Commissioner of Police for investigation by a unit of the police specifically established for this purpose, under the supervision of a designated general of the police. Where the complaint is directed to the Police Reporting Officer it should be referred by him to the Commissioner of Police for investigation by such a unit. The units will be available as far as possible in each police region.

3.2.4.2 The unit shall submit to the Police Reporting Officer, a report on the complaints submitted to it, as well as the progress and outcome of investigations into complaints. The Police Reporting Officer will have the authority to ensure that the investigation is a full and proper investigation and accordingly will be entitled to refer the report back to the unit. The Police Reporting Officer shall be appointed in the following manner:

(i) The Association of Law Societies and General Council of the Bar shall recommend to the Minister of Law and Order three candidates per region for the appointment of a Regional Police Reporting Officer. If the Minister is not prepared to make an appointment from the names so received, he may refer the recommendation back to the Association of Law Societies and the General Council of the Bar for additional three names from which he has to make an appointment.

(ii) Such a Police Reporting Officer may be a former prosecutor, a former member of the attorney general's staff, a lawyer in private practice, a former magistrate, or a former policeman.

3.2.4.3 The Police Reporting Officer may recommend to the Commissioner of Police the suspension or transfer of the police official under investigation until the completion of the investigation.

3.2.4.4 The Police Reporting Officer shall, on the completion of the investigation, make a recommendation to the Commissioner of Police as to the disciplinary action that should be taken against the police involved in the misconduct. The complainant shall be notified of the recommendations and the outcome of this complaint. The Police Reporting Officer may, with the consent of the complainant, provide the National Peace Committee with the recommendations and outcome of the investigation.

3.2.4.5 All police officials in uniform should carry a legible external form of identification.

3.2.4.6 All official police vehicles shall have an identification number painted on the side, and all military vehicles acting in support of the police shall display an identification number on the side and no such number may be removed for as long as such military vehicles are used in support of the police, provided that this shall not apply to police vehicles which are required for official undercover work, not in breach of clause 3.5 related to clandestine or covert operations. It shall be an offence for a police or military vehicle to be driven on a public road without numberplates or without the numberplates allocated to such vehicle by the relevant registration authority.

3.2.5 The police shall exercise restraint in the pursuance of their duties and shall use the minimum of force that is appropriate in the circumstances.

3.2.5.1 Clear guidelines shall be issued by the police for dealing with unlawful gatherings and the following aspects shall clearly be addressed in such guidelines.

(i) When a confrontation between a police unit and a gathering is reasonably foreseeable, a senior police official shall where possible be in command of that unit.

(ii) The police unit performing crowd control duties shall, where possible, be equipped with public address systems and someone who can address the crowd in a language the crowd will understand.

(iii) Before ordering a gathering to disperse, an attempt must be made to ascertain the purpose of the gathering and to negotiate the immediate dispersal of the group.

(iv) Where residents of a community or a hostel are clearly the subject of an attack, the police shall endeavour to disarm and disperse the aggressors.

(v) A reasonable time must be given to the gathering to comply with the requests or instructions of the commanding officer.

(vi) The commanding officer shall only authorise the use of injurious or forceful methods of crowd dispersal if he believes that the crowd constitutes a danger to the public safety or to the safety of any individual or to any valuable movable or immovable property and if he has reason to believe that less injurious methods will not succeed in dispersing the gathering. The least possible degree of force should be used in attaining the aim of policing. Unless circumstances prevent it, persuasion, advice and warnings should be used to secure co-operation, compliance with the law and the restoration of order.

(vii) The police should focus on making less injurious equipment also available to police stations in order to minimize the risk of forceful actions.

... (excluded 3.3 and 3.4)

3.5 CLANDESTINE OR COVERT OPERATIONS

3.5.1 No public funds shall be used to promote the interests of any political party or political organisation and no political party or political organisation shall accept any public funds to promote its interests which shall have the effect of interfering negatively in the political process.

3.5.2 The government shall not allow any operation by the security forces with the intention to undermine, promote or influence any political party or political organisation at the expense of another by means of any acts, or by means of disinformation.

3.5.3 If any of the signatories to this accord has reason to believe that any operation is being conducted in breach of this clause, it may lodge a complaint with the Police Reporting Officer or the Commission as the case may be.

3.5.4 In addition to any civil/criminal liability he/she may incur, any individual member of the police who is found to have breached this clause shall be dealt with in accordance with the Police Act, Regulations and Standing Orders.

3.5.5 In addition to any civil/criminal liability he/she may incur, any individual member of the defence force who is found to have breached this clause shall be dealt with in accordance with the defence statutes and codes and the Code of Conduct for the members of the defence force.

3.5.6 In order to monitor ongoing compliance with this provision the Commission, or a person authorised by it, shall upon receipt of any request by a party, or a complaint or on information received by it, be entitled by warrant to enter and inspect any place and interrogate any security force member, and seize any record or piece of evidence.

3.6 DANGEROUS WEAPONS

3.6.1 The parties agree that the disastrous consequences of widespread violence and the urgent requirement of peace and stability on which to build the common future make it necessary to act decisively to eliminate violence or the threat of violence from a political sphere.

3.6.2 In pursuit of this understanding the parties agree that no weapons or firearms may be possessed, carried or displayed by members of the general public attending any political gathering, procession or meeting.

3.6.3 All political parties and organisations shall actively discourage and seek to prevent their members and supporters from possessing, carrying or displaying weapons or fire-arms when attending any political gathering, procession or meeting.

3.6.4 The Government undertakes to issue the necessary proclamations to implement the principles of paragraph 3.6.2 after consultation with the interested parties.

3.7 SELF PROTECTION UNITS (previously called self-defence units)

3.7.1 The Law accords all individuals the right to protect themselves and their property, and to establish voluntary associations or self protection units in any neighbourhood to prevent crime and to prevent any invasion of the lawful rights of such communities. This shall include the right to bear licensed arms and to use them in legitimate and lawful self-defence.

3.7.2 The parties also agree that no party or political organisation shall establish such units on the basis of party or political affiliation, such units being considered private armies.

3.7.3 No private armies shall be allowed or formed.

3.7.4 The parties also recognise that a liaison structure should operate between any community based self protection unit and the police so as to facilitate education on citizens' rights, police responsiveness and other aspects in respect of which there is a legitimate and common interest.

3.7.5 The police remains responsible for the maintenance of law and order and shall not be hindered in executing their tasks by any self protection unit.

3.7.6 All existing structures called self-defence units shall be transformed into self protection units which shall function in accordance with the principles contained in paragraph 3.7.

3.8 GENERAL

3.8.1 This Accord shall, where applicable, be issued as a directive by the Commissioner of Police and if necessary, the Police Act and regulations will be amended accordingly.

3.8.2 In view of the changing policing demands of a changing South Africa the police shall continue to take steps to retrain their members on the proper functions of the police as set out in the Code and in this agreement and in particular in methods of defusing conflict through discussion.

3.8.3 This Accord shall, where applicable be honoured by and shall in terms of paragraph 3.8.1 be binding on the police.

3.8.4 This Accord shall, where applicable, be binding on the defence force in as much as it performs any ordinary policing function.

3.8.5 Where a government of a self-governing territory becomes a signatory to this Accord, the provisions of this Accord will, mutatis mutandis, be applicable to such a government as well as the police force of such a government.

3.8.6 A government of a self-governing territory which is a signatory to this Accord may opt to accept the jurisdiction of the Police Board or Police Reporting Officer established in respect of the South African Police Force.

... (excluded 3.9)

(*.) Selected excerpts.

2.2 Ready to Govern: ANC Policy Guidelines for a Democratic South Africa adopted at the National Conference 28-31 May 1992 (*)

Q. PEACE AND SECURITY

1. THE CREATION OF LEGITIMATE SECURITY INSTITUTIONS

For several decades the apartheid regime has relied on its formidable police, defence and intelligence structures to maintain the system of apartheid and minority rule and to suppress popular resistance to that system. As a result of its Total Strategy, the whole of the South African state and society became militarized.

National security was pursued primarily through military and paramilitary means. The effects of this approach to security are evident: high levels of violence and crime, economic decline, regional arms races, destabilization and perpetual insecurity throughout the sub-continent.

The South African security institutions themselves developed a racist, closed, secretive, undemocratic structure, lacking legitimacy in the eyes of the people. The process of democratization under way in our country will not be complete without addressing this problem.

On the other hand, Umkhonto we Sizwe -- the People's Army -- represented the cutting edge in the struggle for a nonracial and democratic society. Viewed by the majority of South Africans as a liberating force, its popular support was demonstrated at countless rallies, marches and demonstrations.

The challenge is to address not only the security institutions and their composition, but also to go deeper and address the very nature of security policy itself. The basic principles underpinning such a policy should be based on a realistic assessment of threats to peace, territorial integrity and personal security.

2. A NEW APPROACH TO SECURITY

The ANC believes that national and regional security should not be restricted to military police and intelligence matters, but as having political, economic, social and environmental dimensions.

Underdevelopment, poverty, lack of democratic participation and the abuse of human rights are regarded as grave threats to the security of people. Since they invariably give rise to conflict between individuals, communities and countries, they threaten the security of states as well.

The ANG is committed to the following principles which underpin a new approach to security in a democratic South Africa:

-- South Africa shall be committed to resolving internal and external conflict, primarily through non-violent means;

-- National security and personal security shall be sought primarily through efforts to meet the social, political, economic and cultural needs of the people;

-- South Africa shall pursue peaceful and co-operative relations with neighbouring states;

-- The security institutions shall be bound by the principle of civil supremacy and subject to public scrutiny and open debate;

-- The security institutions shall reflect the national and gender composition of South African society. In this regard, a programme of affirmative action shall be implemented;

-- The security institutions shall be accountable and answerable to the public through a democratically elected parliament;

-- The security institutions shall respect human rights, non-racialism and democracy, and act in a non-discriminatory manner towards the citizenry;

-- The security institutions shall be politically non-partisan;

-- The role of the security forces shall not be usurped by private security companies. The private security industry shall be regulated with a view to ensuring that the industry performs its functions in a manner that is consistent with democracy;

-- Members of any existing security institution shall be eligible to serve in the new institutions should they accept the new constitution and are committed to its values.

3. A NEW APPROACH TO DEFENCE

The ANC is committed to the formation of a new Defence Force which shall enjoy legitimacy in the eyes of the entire population. The primary role of the Defence Force shall be the defence of the country's sovereignty and territorial integrity:

-- To act in support of the civilian authority in socio-economic reconstruction and in the case of natural disasters;

-- To fulfil their obligations in accordance with international agreements.

-- The principles of the new approach to defence include the following:

-- South Africa shall have only one Defence Force which all South Africans of the age of eighteen and over shall be entitled to join;

-- The Defence Force shall at all times uphold and adhere to the constitution;

-- There will be civil supremacy over the armed forces and they shall be accountable to the public through parliament;

-- The Defence Force shall respect the ideals of democracy, non-racialism, non-sexism, national unity and national reconciliation;

-- The Defence Force shall endeavour to reflect the national and gender composition of South African society. In regard to recruitment, training, deployment and promotions, a programme of affirmative action shall be implemented;

-- The Defence Force shall be politically non-partisan;

-- The Defence Force shall respect and uphold the Bill of Rights;

-- The Defence Force shall respect the rights of the soldier as citizen;

-- No member of the Defence Force shall hold office in any political party;

-- There shall be no conscription in the new Defence Force, save where in exceptional and extreme situations, parliament authorises such conscription and in which event the rights of conscientious objectors shall be respected;

-- The Defence Force shall be bound by international law treaties and conventions governing the use of force and the conduct of war;

-- The Defence Force shall be defensive in its character, orientation and its strategy, and its force levels will be adjusted accordingly;

-- South Africa shall be committed to resolving conflicts primarily through non-violent means;

-- The Defence Force shall be bound and guided by a code of conduct based on universally accepted democratic principles;

-- The Defence Force shall not be engaged in any internal policing role except in extreme circumstances and where so authorised specifically by parliament;

-- The Defence Force shall strive for high professional standards;

-- Foreign nationals shall not be allowed to be members of the Defence Force

4. A NEW APPROACH TO POLICING

The ANC is committed to the creation of a single police service. The primary function of policing will be the prevention of crime and to guarantee the personal security of citizens and the free and peaceful exercise of their rights as defined in the constitution. The principles governing the new police service, which shall also be inculcated in their training shall be the following:

-- The police service shall respect the ideals of democracy, non-racialism, non-sexism, national unity and reconciliation and act in a non-discriminatory fashion. The police shall be non-partisan and no member of the service shall hold office in any political party;

-- Policing shall be based on community support and participation;

-- Police shall be accountable to society and the community it serves through its democratically elected institutions;

-- There shall be a professional police code governing standards and suitability of membership to the service, and a code of conduct to which the police shall adhere;

-- Policing priorities shall be determined in consultation with the communities they serve;

-- Policing shall be structured as a non-militarised service function;

-- The police service shall carry out its work primarily through non-violent means;

-- Policing shall be subject to public scrutiny and open debate;

-- Allegations of police misconduct shall be dealt with by independent complaints and investigations mechanisms;

-- Members of the service shall be entitled to form and join employee organisations, of their choice, representing their interests;

-- The police service shall strive for high performance standards.

5. A NEW APPROACH TO INTELLIGENCE

The ANC believes that the role of the national intelligence agency shall be to gather, collate and evaluate information that pertains to the security of the state and its citizenry. The role of the intelligence service shall be to act in the interests of the country as a whole. The principles of intelligence shall be the following:

-- The national intelligence agency will be responsible for gathering, collating and evaluating strategic information that pertains to the security of the state and the citizenry;

-- The national intelligence agency shall respect the rights of all South Africans to engage in lawful political activity;

-- Intelligence activities shall be regulated by relevant legislation, the Bill of Rights, the constitution and an appropriate Code of Conduct;

-- All intelligence institutions will be accountable to parliament and subject to parliamentary oversight;

-- The public shall have the right to information gathered by any intelligence agency subject to the limitations of classification consistent with an open and democratic South Africa;

-- The national intelligence agency shall be politically nonpartisan;

-- The national intelligence agency shall guard the ideals of democracy, non-racialism, non-sexism, national unity and reconciliation and act in a non-discriminatory way;

-- The composition of the national intelligence agency shall reflect the racial and gender composition of South Africa, and affirmative action programmes shall be implemented to this end.

(*.) Selected excerpts. Source: http://www.anc.org.zalancdocs/history/readyto.html

2.3 Transitional Executive Council Act, 1993 (Act No.151 of 1993) -- Assented to 18 October 1993*

Article 15:

Powers and duties in regard to law and order, stability and security

(1) The Council shall, for the purposes of attaining its objects, have the following powers to be exercised through its Subcouncil on Law and Order, Stability and Security:

(a) To establish a national inspectorate comprised of members of policing agencies and such other persons as the Subcouncil may determine, which shall investigate and monitor all policing agencies, and shall liaise with all such agencies or their inspectorates in order to promote the objects of the Council;

(b) to investigate, or order the investigation by the national inspectorate of, any matter relating to the functions of the Subcouncil, and for such purpose the Subcouncil and the national inspectorate shall, subject to the other provisions of this Act--

(i) have the authority to interview such persons as they may consider necessary; and

(ii) have access to all such documents and facilities of any policing agency as may be necessary for the purpose of the investigation;

(c) to establish, in consultation with the Ministers responsible for the various policing agencies, a national independent complaints mechanism under the control of a civilian, which shall be responsible for the receipt and investigation of complaints lodged by members of the public concerning alleged misconduct by members of policing agencies: Provided that if no agreement is reached between the Ministers concerned and the Subcouncil within one month of the establishment of the Subcouncil, the matter shall be referred to the committee referred to in subsection (3)(c) for final determination;

(d) to request and obtain, subject to the other provisions of this Act, any information or crime intelligence reports compiled by any policing agency;

(e) to establish a committee comprised of local experts or of local and foreign experts, to evaluate or monitor any police action, conduct or reform relating to the objects of the Council;

(f) to call for a report on and evaluate the impact of any steps taken by any policing agency to prevent political violence, including such steps as any policing agency is required to take in terms of the National Peace Accord and relevant legislation;

(g) to make proposals, after such consultation as it may deem necessary and in consultation with the policing agencies concerned, to improve the effectiveness of and community cooperation with such policing agencies, which proposals shall be given effect to by the participants in the Council and the policing agencies concerned;

(h) to receive all recommendations of the Police Board, and to request the Police Board to conduct inquiries and to make recommendations in relation to any policing policy;

(i) to attend, and require the minutes of, any relevant meeting of any policing agency;

(j) to formulate a statement of values and objects for the promotion of law, order, peace, stability and security for policing agencies, and to introduce or amend a code of conduct which shall be binding on all policing agencies, all participants in the Council and, with the consent of any signatory of the National Peace Accord not participating in the Council, on that signatory as well;

(k) to require the investigation of any activity or action by a member of a policing agency which is alleged to have or to have had an adverse effect on the attainment of the objects of the Council and, in consultation with the appropriate Minister, where necessary, require the suspension, with full pay, of such member pending the outcome of the investigation;

(l) to liaise with the Independent Electoral Commission and the National Peace Secretariat and other structures of the National Peace Accord concerning matters relevant to the objects of the Council; and

(m) to receive all proposed regulations and directives governing the activities of the National Peacekeeping Force and to make recommendations in regard thereto.

(2) (a) Notwithstanding any other law, the power of the State President to declare the existence of a state of emergency shall be exercised only after consultation with the Subcouncil.

(b) The Council may by a decision which has the support of at least eighty percent of the members of the Council, review such a declaration and direct the State President to withdraw it, and the State President shall forthwith comply with such a direction.

(3) (a) Subject to subsection (2) and paragraph (b), any Minister or other person (hereinafter in this subsection referred to as "the functionary") who has the authority to declare the existence of a state of emergency or to declare an area to be an unrest area, as the case may be, and to make regulations with regard thereto, shall do so in consultation with the Subcouncil.

(b) Where the circumstances are urgent and pressing and the functionary concerned is unable to consult with the Subcouncil before making such a declaration, the functionary may make such a declaration without such consultation: Provided that if the Subcouncil at its first meeting thereafter, having due regard to such reasons as may be advanced by the functionary for such declaration, does not give its approval to the declaration concerned, the functionary, on being notified thereof by the Subcouncil, shall, subject to paragraph (c), forthwith withdraw the declaration.

(c) If the functionary and the Subcouncil are unable to reach agreement as to the necessity of a declaration referred to in paragraph (a) or (b), either party may refer the matter for determination to a committee, composed from the civilian membership of the Police Board, which determination shall be given within three days of such referral and shall be binding on the functionary, the Council and the Subcouncil, and be given effect to.

(d) The committee referred to in paragraph (c) shall be comprised of the chairperson and the vice-chairperson of the Police Board and one other member of that board elected by the civilian members of the board.

(4) To the extent that an agreement of the nature contemplated in section 34G of the Police Act, 1958 (Act No. 7 of 1958), could have an effect on the attainment of the objects of the Council, the decision to enter into such an agreement shall be taken by the responsible Minister or other responsible functionary in consultation with the Subcouncil.

(5) The State President and the Minister of Law and Order, exercising any power under section 3 of the Police Act, 1958, and the appropriate functionary exercising corresponding powers provided for in corresponding legislation of the Republic of Transkei, Bophuthatswana, Venda or Ciskei or any self-governing territory, in relation to an officer of the rank of brigadier or above, shall act in consultation with the Subcouncil, which may propose such action itself: Provided that if no agreement is reached between the State President or the Minister or the functionary concerned and the Subcouncil, any of them may refer the matter to the committee referred to in subsection (3)(c) for determination, which determination shall be given within seven days after such referral and shall be binding and be given effect to.

(6) (a) To the extent that it may affect the objects of the Council--

(i) the Minister of Law and Order, exercising any power in terms of section 33 of the Police Act, 1958, to make, amend or repeal regulations, or issue directives, governing relevant aspects of police conduct, functioning, structures and restructuring; and

(ii) the appropriate functionary exercising corresponding powers provided for in corresponding legislation of the Republic of Transkei, Bophuthatswana, Venda or shall act in consultation with the Subcouncil, which may propose such action itself: Provided that if no agreement is reached between the Minister or the functionary and the Subcouncil, either party may refer the matter to the committee referred to in subsection (3)(c) for determination, which determination shall be given within seven days after such referral and shall be binding and be given effect to.

(b) When the Minister of Law and Order, or the appropriate functionary exercising corresponding powers provided for in corresponding legislation of the Republic of Transkei, Bophuthatswana, Venda or Ciskei or any self-governing territory, issues directives of the nature contemplated in section 4 of the Police Act, 1958, the said Minister or functionary shall inform the Subcouncil thereof.

(7) (a) The various policing agencies shall designate officers of the rank of brigadier or above to assist the Subcouncil in drafting rules to ensure uniformity of conduct of members of the said agencies and the co-ordinated control and command of such agencies in so far as such conduct or the functions of those agencies have a bearing on the objects of the Council.

(b) The said rules shall be formulated within one month after the establishment of the Subcouncil and shall be promulgated by the Council by notice in the Gazette: Provided that if the rules are not formulated within that period or do not meet with the approval of the Minister or functionary referred to in subsection (6)(a), the matter shall be referred to the committee referred to in subsection (3)(c) for final determination.

(c) The officers referred to in paragraph (a) may be summoned at any time to assist the Subcouncil in the performance of its functions.

Article 16:

Powers and duties in regard to defence

(1) (a) Each military force shall, at the same time as the submission of the relevant commitment, undertaking and renunciation contemplated in section 4(1)(b) or 4(5)(a), or as soon as possible thereafter, by notice in writing to the Negotiating Council or the Council--

(i) associate itself with that commitment, undertaking and renunciation; and

(ii) acknowledge the authority of the Council and the Subcouncil on Defence for the purpose of attaining the objects of this Act.

(b) Any military force which fails to comply with paragraph (a), shall not be regarded as an armed force, a defence force or a military force, as the case may be, for the purposes of this section.

(2) The Council shall, for the purpose of attaining its objects, have the following powers to be exercised through the Subcouncil on Defence:

(a) To be kept informed on a continuous basis by each military force regarding its activities (including, but not restricted to, the planning, preparation and execution of any action by such military force) likely to have an adverse effect on the attainment of the objects of the Council;

(b) to be kept informed on a continuous bases by each participant in the Council of any proposed legislation (including subordinate legislation) and internal directives or rules regarding the conduct and deployment of any military force;

(c) to investigate through an independent body appointed or designated by the Subcouncil, or order the investigation of, the conduct of any member or members of a military force which is likely to have an adverse effect on the attainment of the objects of the Council;

(d) in respect of any activity or action by any member or members of a military force which is alleged to have or to have had an adverse effect on the attainment of the objects of the Council, to recommend appropriate disciplinary measures or criminal proceedings and order, in consultation with the commander of the military force concerned, the restriction to barracks or suspension, on full pay, of such member or members pending the outcome of such measures or proceedings, or recommend appropriate measures in regard to any unit or element of such military force;

(e) to formulate a code of conduct which shall be binding on all members of all military forces, and to monitor its observance;

(f) to undertake or to commission research into any relevant matter, including, but not limited to, the parliamentary control, composition, manpower policy (including conscription), organization and executive command of a future South African defence force, the policy in regard to armed forces which are not under the authority and control of participants in the Council, and the future of the arms and related industries;

(g) to oversee any planning, preparation and training for a future South African defence force;

(h) to liaise with the media and with the various military forces so as to keep the military forces and the public informed of developments regarding defence-related matters;

(i) to monitor media reporting on defence related matters;

(j) to establish a co-ordinating council, comprised of the commander, or a person designated by the commander, of every military force, which shall--

(i) liaise with all military forces in order to promote the objects of the Council; and

(ii) report and make recommendations to the Subcouncil, as and when required, concerning any matter relating to the functions of the Subcouncil; and

(k) to budget for and be allocated additional resources for daily maintenance, the remuneration and allowances, if any, and the administration in assembly points within South Africa of all armed forces: Provided that the location of and the security arrangements in regard to such assembly points, the extent of such maintenance, remuneration and allowances, if any, and the requirements entitling a person to be regarded as a member of an armed force for the purpose of this paragraph, shall be subject to agreement by a committee of experts appointed by the Planning Committee of the Multi-Party Negotiating Process, and comprised of representatives of the military forces of participants in the Negotiating Council designated by the commanders of those forces.

(3) For the purpose of subsection (2)(k) a person shall not be considered a member of an armed force as defined in section 1, unless--

(a) that person was a registered member of such armed force at the commencement of this section and qualifies in terms of the requirements referred to in subsection (2)(k); and

(b) that person's name and other particulars are included in a certified personnel register, which shall be submitted by such armed force to the Subcouncil within 21 days after the commencement of this section or, in the case of a participant referred to in section 4(5), within 21 days after the publication of the relevant proclamation referred to in section 4(5)(a), and which register shall be updated monthly.

(4) (a) The Council shall, in consultation with the Minister of Defence, make regulations governing--

(i) the deployment of any defence force unit in crime prevention or peacekeeping operations; and

(ii) the relationship and interaction between such a unit and any other unit of a defence force, the National Peacekeeping Force or any policing agency involved in such operations,

and any such deployment and the discontinuance of such deployment shall take place only in accordance with such regulations and with the concurrence of both the said Minister and the Subcouncil.

(b) Until such regulations have been promulgated, a defence force unit may be deployed or continue to be deployed in crime prevention and peacekeeping operations in terms of existing laws governing such deployment: Provided that in respect of any such deployment--

(i) which took place before the commencement of this section, the Subcouncil may review such deployment and, in consultation with the Minister of Defence, order the discontinuance of such deployment;

(ii) which takes place after the commencement of this section, such deployment and the discontinuance of such deployment shall take place only with the concurrence of both the Minister and the Subcouncil.

(c) If the Council or the Subcouncil and the Minister are unable to reach agreement on any matter dealt with in this subsection or, in the case of the regulations contemplated in paragraph (a), are unable to reach such agreement within one month of the appointment of the members of the Subcouncil, the matter shall be referred to the Special Electoral Court for determination.

(5) Notwithstanding subsection (4)(a), but subject to section 13(2)(b), the command structure of any military force shall remain responsible for the day to day management of such force, including routine transfers, training, promotion and, in the case of any defence force, any routine defensive functions relating to the protection of the integrity of the borders of the State concerned.

(6) The Subcouncil may establish--

(a) monitoring mechanism to ensure that its directives are complied with and that the activities of any military force have no adverse effect on the attainment on the objects of the Council;

(b) any mechanism to ensure appropriate interaction between the Subcouncil, the various military forces, the National Peacekeeping Force, policing agencies and any other relevant agency at national, regional or local level.

(7) The Minister of Defence, exercising the powers in terms of the Defence Act, 1957 (Act No. 44 of 1957), and the appropriate functionary exercising corresponding powers provided for in the corresponding legislation of the Republic of Transkei, Bophuthatswana, Venda or Ciskei, to make, amend or repeal regulations regarding matters concerning defence force conduct, functioning, structures and deployment relevant to the objects of the Council, and any commander of an armed force issuing directives in regard to such a matters, shall act in consultation with the Subcouncil, which may itself propose such regulations or directives or the amendment or repeal of such regulations or directives: Provided that if no agreement is reached between the Minister, functionary or commander and the Subcouncil, the matter shall be referred to the Special Electoral Court for determination.

(8) Without derogating from the rights of any participant in the Council in terms of section 23, the commander of any military force shall ensure that any directive of the Subcouncil regarding the deployment or conduct of any military force is made known to and binding upon all members of such military force, including, where appropriate, by incorporation thereof in the relevant standing orders and any disciplinary code.

(9) The Subcouncil shall have the responsibility to ensure and monitor--

(a) the audit and effective supervision of the arms and armaments of any military force, by that force; and

(b) the identification of the personnel of any military force, for which purpose every military force shall submit a certified personnel register to the Subcouncil within 21 days after the commencement of this section or, in the case of a participant referred to in section 4(5), within 21 days after the publication of the relevant proclamation referred to in section 4(5)(a), and shall update such a register on a monthly basis.

(1O)(a) The Subcouncil shall budget for and be allocated the necessary resources to establish and maintain a force, to be known as the National Peacekeeping Force, the functions of which shall relate to the maintenance of peace and public order in South Africa.

(b) The National Peacekeeping Force shall be comprised of members of--

(i) all military forces, as far as practicable in equal numbers, except in so far as any such force prefers to contribute fewer members to that Force; and

(ii) every policing agency which falls under the authority and control of a participant in the Council,

wishing to be represented in that Force.

(11) The Subcouncil shall establish a National Peacekeeping Force Command Council, comprised of representatives of all the military forces and policing agencies participating in the National Peacekeeping force and wishing to be represented on that Command Council.

(12) The Subcouncil, in consultation with the National Peacekeeping Force Command Council, having due regard also to the interests of women, shall--

(a) establish and see to the training of a unit of National Peacekeeping Force instructors, who may be drawn from the participating military forces and policing agencies but shall also include foreign experts;

(b) formulate the philosophy, doctrine, syllabi and training policy of the National Peacekeeping Force;

(c) establish criteria for the recruitment, training and selection of members of the National Peacekeeping Force;

(d) establish the command structure of the National Peacekeeping Force and appoint, and in its discretion dismiss, the Commander and other senior officers, above a rank to be determined by the Subcouncil, of that Force, which command structure shall be accountable to the Subcouncil through the National Peacekeeping Force Command Council;

(e) determine standard operational procedures for the National Peacekeeping Force;

(f) consult with other military forces and policing agencies regarding the deployment and operation of the National Peacekeeping Force; and

(g) make regulations regarding--

(i) the powers and duties of the National Peacekeeping Force;

(ii) the circumstances under which the National Peacekeeping Force may be deployed;

(iii) the conditions of service and remuneration of members of the National Peacekeeping Force: Provided that the provisions of section 6(2) shall apply mutatis mutandis to such members;

(iv) the relationship and interaction between the National Peacekeeping Force and any other military force or policing agency deployed in a peacekeeping operation in the same area as the National Peacekeeping Force;

(v) a disciplinary code, including a code of conduct, for members of the National Peacekeeping Force;

(vi) the application of any existing law relating to any matter referred to in subparagraph (i), (ii), (iii), (iv) or (v), with such adjustments, if any, to that law as may be considered necessary.

(13)(a) The National Peacekeeping Force shall have its own distinctive uniform and insignia, and its vehicles shall be marked distinctively.

(b) The Subcouncil shall--

(i) in consultation with the National Peacekeeping Force Command Council and after consultation with the South African Defence Force, determine the requirements of the National Peacekeeping Force in respect of uniforms, transport, accommodation, equipment and other logistical support; and

(ii) budget for and be allocated funds for this purpose.

(c) The uniforms, transport, accommodation, equipment and other logistical support referred to in paragraph (b) shall be supplied by the South African Defence Force, either from its own resources or from the resources of any other defence force or policing agency or any other source, for the account of the Subcouncil.

(14) In the event of the Subcouncil and the National Peacekeeping Force Command Council being unable to reach agreement on any matter referred to in subsection (12), the matter shall be referred to the Council, which shall endeavour to resolve it, failing which the matter shall be referred to the Special Electoral Court for determination.

(*) Selected excerpts.

2.4 Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993) -- Assented to 25 January 1994 (*)

CHAPTER 14: SOUTH AFRICAN POLICE SERVICE

214 Establishment

(1) There shall be established and regulated by an Act of Parliament a South African Police Service, which shall be structured at both national and provincial levels and shall function under the direction of the national government as well as the various provincial governments.

(2) The Act of Parliament referred to in subsection (1) shall--

(a) subject to sections 216, 217 and 218, provide for the appointment of a Commissioner of the South African Police Service (hereinafter in this Chapter called the "National Commissioner") and a Commissioner for each province (hereinafter in this Chapter called a "Provincial Commissioner");

(b) provide for the establishment and maintenance of uniform standards of policing at all levels regarding--

(i) the exercise of police powers;

(ii) the recruitment, appointment, promotion and transfer of members of the Service;

(iii) suspension, dismissal, disciplinary and grievance procedures;

(iv) the training, conduct and conditions of service of members of the Service;

(v) the general management, control, maintenance and provisioning of the Service;

(vi) returns, registers, records, documents, forms and correspondence; and

(vii) generally, all matters which are necessary or expedient for the achievement of the purposes of this Constitution.

215 Powers and functions

The powers and functions of the Service shall be--

(a) the prevention of crime;

(b) the investigation of any offence or alleged offence;

(c) the maintenance of law and order; and

(d) the preservation of the internal security of the Republic.

216 Minister and National Commissioner

(1) The President shall, subject to this Constitution, charge a Minister with responsibility for the Service.

(2) (a) The President shall, subject to section 236(1) and (2), appoint the National Commissioner.

(b) The National Commissioner shall exercise executive command of the Service, subject to section 219(1) and the directions of the Minister referred to in subsection (1).

(3) The President may, if the National Commissioner has lost the confidence of the Cabinet, institute appropriate proceedings against the Commissioner in accordance with a law.

217 Powers of provinces

(1) The Premier of a province shall charge a member of the Executive Council of the province with responsibility for the performance by the Service in or in regard to that province of the functions set out in section 219(1).

(2) The member of the Executive Council referred to in subsection (1)

(a) shall approve or veto the appointment of the relevant Provincial Commissioner in terms of section 218(1)(b); and

(b) may, if the Provincial Commissioner has lost the confidence of the Executive Council, institute appropriate proceedings against the said Commissioner in accordance with a law.

(3) A provincial legislature may pass laws not inconsistent with national legislation regarding the functions of the Service set out in section 219(1).

(4) No provincial law may--

(a) permit lower standards of performance of the functions of the Service than those provided for by an Act of Parliament; or

(b) detract from the rights which citizens have under an Act of Parliament.

218 Responsibilities of National Commissioner

(1) Subject to section 214 and the directions of the Minister referred to in section 216(1), the National Commissioner shall be responsible for--

(a) the maintenance of an impartial, accountable, transparent and efficient police service;

(b) the appointment of provincial commissioners, subject to section 217(2)(a);

(c) the preservation of the internal security in the Republic;

(d) the investigation and prevention of organised crime or crime which requires national investigation and prevention or specialised skills: Provided that the Act referred to in section 214(1) shall set out the circumstances which shall be regarded as organised crime and the circumstances which require national investigation and prevention or specialised skills;

(e) international police liaison;

(f) the keeping and provision of crime intelligence data, criminal records and statistics;

(g) the training of members of the Service, including any municipal or metropolitan police services to be established;

(h) the recruitment, appointment, promotion and transfer of all members of the Service;

(i) the provision of forensic laboratory services;

(j) such functions relating to border control and the import and export of goods as may be assigned to the Service by law;

(k) the establishment and maintenance of a national public order policing unit to be deployed in support of and at the request of the Provincial Commissioner: Provided that the Act referred to in section 214(1) shall provide that the President, in consultation with the Cabinet, may direct the National Commissioner to deploy the said unit in circumstances where the Provincial Commissioner is unable to maintain public order and the deployment of the said unit is necessary to restore public order;

(l) national protection services;

(m) the establishment of a special task force for high risk operations which require specialised skills; and

(n) subject to section 219, such other functions as--

(i) are necessary to achieve the objectives referred to in section 215; and

(ii) are appropriate for the National Commissioner to take responsibility for.

(2) The National Commissioner may after consultation with the Executive Council of the province concerned assign responsibility for any function set out in this section to a Provincial Commissioner: Provided that the National Commissioner shall ensure that sufficient resources are made available to the Provincial Commissioner for such purpose.

219 Provincial Commissioners

(1) Subject to sections 214 and 218 and the directions of the relevant member of the Executive Council referred to in section 217(1), a Provincial Commissioner shall be responsible for--

(a) the investigation and prevention of crime;

(b) the development of community-policing services;

(c) the maintenance of public order;

(d) the provision in general of all other visible policing services, including--

(i) the establishment and maintenance of police stations;

(ii) crime reaction units; and

(iii) patrolling services;

(e) protection services in regard to provincial institutions and personnel;

(f) transfers within the province of members of the Service performing functions in terms of this section; and

(g) the promotion, up to the rank of lieutenant-colonel, of members of the Service performing functions in terms of this section.

(2) Subject to sections 214 and 218 and the directions of the National Commissioner, a Provincial Commissioner shall be responsible for--

(a) the maintenance and discipline of the Service in the province concerned;

(b) the recruitment of members of the Service responsible for the functions set out in subsection (1);

(c) such other functions as may be assigned to him or her by the National

Commissioner under section 218(2); and

(d) subject to such procedures or mechanisms as may be established by the Board of Commissioners referred to in section 220(2), the transfer of members of the Service under his or her command to or from positions outside his or her jurisdiction.

220 Co-ordination and co-operation

(1) A committee consisting of the Minister referred to in section 216(1) and the respective members of the Executive Councils referred to in section 217(1) shall be established to ensure the effective co-ordination of the Service and effective co-operation between the various Commissioners.

(2) The Act referred to in section 214(1) shall provide for the appointment of a Board of Commissioners, consisting of the National Commissioner and the Provincial Commissioners and presided over by the National Commissioner or his or her nominee, in order to promote co-operation and co-ordination in the Service.

NATIONAL DEFENCE FORCE

224 Establishment of National Defence Force

(1) The National Defence Force is hereby established as the only defence force for the Republic.

(2) The National Defence Force shall at its establishment consist of all members of--

(a) the South African Defence Force;

(b) any defence force of any area forming part of the national territory; and

(c) any armed force as defined in section 1 of the Transitional Executive Council Act, 1993 (Act 151 of 1993), and whose names, at the commencement of this Constitution, are included in a certified personnel register referred to in section 16(3) or (9) of the said Act: Provided that this subsection shall not apply to members of any such defence or armed force if the political organisation under whose authority and control it stands or with which it is associated and whose objectives it promotes did not take part in the first election of the National Assembly and the provincial legislatures under this Constitution.

(3) Save for the National Defence Force, no other armed force or military force or armed organisation or service may be established in or for the Republic other than--

(a) as provided for in this Constitution;

(b) a force established by or under an Act of Parliament for the protection of public property or the environment; or

(c) a service established by or under law for the protection of persons or property.

225 Chief of National Defence Force

Subject to section 236(1) and (2), the President shall appoint a Chief of the National Defence Force, who shall exercise military executive command of the National Defence Force, subject to the directions of the Minister responsible for defence and, during a state of national defence, of the President.

226 Members of National Defence Force

(1) The National Defence Force shall comprise both a permanent force and a part-time reserve component.

(2) The establishment, organisation, training, conditions of service and other matters concerning the permanent force shall be as provided for by an Act of Parliament.

(3) The establishment, organisation, training, state of preparedness, calling up, obligations and conditions of service of the part-time reserve component shall be as provided for by an Act of Parliament.

(4) The National Defence Force shall be established in such a manner that it will provide a balanced, modem and technologically advanced military force, capable of executing its functions in terms of this Constitution.

(5) All members of the National Defence Force shall be properly trained in order to comply with international standards of competency.

(6) No member of the permanent force shall hold office in any political party or political organisation.

(7) A member of the National Defence Force shall be obliged to comply with all lawful orders, but shall be entitled to refuse to execute any order if the execution of such order would constitute an offence or would breach international law on armed conflict binding on the Republic.

(8) Provision shall be made by an Act of Parliament for the payment of adequate compensation to--

(a) a member of the National Defence Force who suffers loss due to physical or mental disability sustained in the execution of his or her duties as such a member; and

(b) the immediate dependants of a member of the National Defence Force who suffer loss due to the death or physical or mental disability of such a member resulting from the execution of his or her duties as such a member.

227 Functions of National Defence Force

(1) The National Defence Force may, subject to this Constitution, be employed--

(a) for service in the defence of the Republic, for the protection of its sovereignty and territorial integrity;

(b) for service in compliance with the international obligations of the Republic with regard to international bodies and other states;

(c) for service in the preservation of life, health or property;

(d) for service in the provision or maintenance of essential services;

(e) for service in the upholding of law and order in the Republic in co-operation with the South African Police Service under circumstances set out in a law where the said Police Service is unable to maintain law and order on its own; and

(f) for service in support of any department of state for the purpose of socio-economic upliftment.

(2) The National Defence Force shall--

(a) exercise its powers and perform its functions solely in the national interest by--

A. upholding the Constitution;

B. providing for the defence of the Republic; and

C. ensuring the protection of the inhabitants of the Republic, in accordance with this Constitution and any law;

(b) exercise its powers and perform its functions under the directions of the government of the Republic;

(c) refrain from furthering or prejudicing party-political interests;

(d) not breach international customary law binding on the Republic relating to aggression;

(e) in armed conflict comply with its obligations under international customary law and treaties binding on the Republic; and

(f) be primarily defensive in the exercise or performance of its powers and functions.

(3) The employment for service, training, organisation and deployment of the National Defence Force shall be effected in accordance with the requirements of subsection (2).

228 Accountability

(1) The Minister responsible for defence shall be accountable to Parliament for the National Defence Force.

(2) Parliament shall annually approve a budget for the defence of the Republic.

(3) (a) A joint standing committee of Parliament on defence shall be established, consisting of members of all political parties holding more than 10 seats in the National Assembly and willing to participate in the committee.

(b) The total membership of the committee shall be as determined by or under the rules and orders.

(c) Such a party shall be entitled to designate a member or members on the committee in accordance with the principle of proportional representation and as determined in accordance with the following formula:

(i) A quota of seats per member of the committee shall be determined by dividing the total number of seats in the National Assembly held jointly by all the parties referred to in paragraph (a) by the total number of members of the committee plus one.

(ii) The result, disregarding third and subsequent decimals, if any, shall be the quota of seats per member.

(iii) The number of members that a participating party shall be entitled to designate on the committee, shall be determined by dividing the total number of seats held by such party in the National Assembly by the quota referred to in subparagraph (ii).

(iv) The result shall, subject to subparagraph (v), indicate the number of members that such party is entitled to designate on the committee.

(v) Where the application of the above formula yields a surplus not absorbed by the number of members allocated to a party, such surplus shall compete with other similar surpluses accruing to another party or parties, and any member or members which remain unallocated shall be allocated to the party or parties concerned in sequence of the highest surplus.

(d) The committee shall be competent to investigate and make recommendations regarding the budget functioning, organisation, armaments, policy, morale and state of preparedness of the National Defence Force and to perform such other functions relating to parliamentary supervision of the Force as may be prescribed by law.

(4) (a) The President shall, when the National Defence Force is employed for service referred to in section 227(1)(a), (b) or (e), forthwith inform Parliament of the reasons for such employment.

(b) If, in the case of such an employment referred to in section 227(1)(a) or (b), Parliament is not sitting, the President shall summon the joint standing committee referred to in subsection (3) to meet expeditiously, but not later than 14 days after the commencement of such employment, and shall inform the committee of the reasons for such employment.

(5) Parliament may by resolution terminate any employment referred to in section 227(1)(a), (b) or (e), but such termination of employment shall not affect the validity of anything done in terms of such employment up to the date of such termination, or any right, privilege, obligation or liability acquired, accrued or incurred as at the said date under and by virtue of such employment.

(*.) Selected excerpts.
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Title Annotation:South Africa
Publication:Institute for Strategic Studies
Article Type:Topic Overview
Geographic Code:6SOUT
Date:Nov 1, 2000
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