Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/90

---

Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Chapter 11—Security Services

---

(8)

To give effect to the principles of transparency and accountability, multi-party parliamentary committees must have oversight of all security services in a manner determined by national legislation or the rules and orders of Parliament.

Defence

Defence force

200.

(1)

The defence force must be structured and managed as a disciplined military force.

(2)

The primary object of the defence force is to defend and protect the Republic, its territorial integrity and its people in accordance with the Constitution and the principles of international law regulating the use of force.

Political responsibility

201.

(1)

A member of the Cabinet must be responsible for defence.

(2)

Only the President, as head of the national executive, may authorise the employment of the defence force —

(a)

in co-operation with the police service;

(b)

in defence of the Republic; or

(c)

in fulfilment of an international obligation.

(3)

When the defence force is employed for any purpose mentioned in subsection (2), the President must inform Parliament, promptly and in appropriate detail, of —

(a)

the reasons for the employment of the defence force;

(b)

any place where the force is being employed;

(c)

the number of people involved; and

(d)

the period for which the force is expected to be employed.

(4)

If Parliament does not sit during the first seven days after the defence force is employed as envisaged in subsection (2), the President must provide the information required in subsection (3) to the appropriate oversight committee.

Command of defence force

202.

(1)

The President as head of the national executive is Commander-in-Chief of the defence force, and must appoint the Military Command of the defence force.

(2)

Command of the defence force must be exercised in accordance with the directions of the Cabinet member responsible for defence, under the authority of the President.

State of national defence

203.

(1)

The President as head of the national executive may declare a state of national defence, and must inform Parliament promptly and in appropriate detail of —