Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/91

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Constitution of the Republic of South Africa, 1996

Act No. 108, 1996

Chapter 11—Security Services

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(a)

the reasons for the declaration;

(b)

any place where the defence force is being employed; and

(c)

the number of people involved.

(2)

If Parliament is not sitting when a state of national defence is declared, the President must summon Parliament to an extraordinary sitting within seven days of the declaration.

(3)

A declaration of a state of national defence lapses unless it is approved by Parliament within seven days of the declaration.

Defence civilian secretariat

204.

A civilian secretariat for defence must be established by national legislation to function under the direction of the Cabinet member responsible for defence.

Police

Police service

205.

(1)

The national police service must be structured to function in the national, provincial and, where appropriate, local spheres of government.

(2)

National legislation must establish the powers and functions of the police service and must enable the police service to discharge its responsibilities effectively, taking into account the requirements of the provinces.

(3)

The objects of the police service are to prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property, and to uphold and enforce the law.

Political responsibility

206.

(1)

A member of the Cabinet must be responsible for policing and must determine national policing policy after consulting the provincial governments and taking into account the policing needs and priorities of the provinces as determined by the provincial executives.

(2)

The national policing policy may make provision for different policies in respect of different provinces after taking into account the policing needs and priorities of these provinces.

(3)

Each province is entitled —

(a)

to monitor police conduct;

(b)

to oversee the effectiveness and efficiency of the police service, including receiving reports on the police service;

(c)

to promote good relations between the police and the community;

(d)

to assess the effectiveness of visible policing; and