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Defence Act, 1957 (Act No. 44 of 1957)

Chapter X : Provisions Applicable in time of War or in connection with the Combating of Terrorism or in connection with an Armed Conflict outside the Republic or in connection with Internal Disorder or other Emergency

99. Security of harbours and aerodromes

 

 

(1) The Minister may during operations in defence of the Republic or for the prevention or suppression of terrorism or for the prevention or suppression of internal disorder in the Republic issue orders and instructions, which may be made known in such manner as he deems most suitable in the circumstances—
(a) forbidding or restricting in any way he may think fit all entrance to or egress of vessels or aircraft from a harbour or aerodrome;
(b) forbidding or restricting in any way he may think fit the movements of vessels or aircraft when within the limits of a harbour or aerodrome;
(c) for the examination of all vessels or aircraft seeking to enter or leave a harbour or an aerodrome or being within a harbour or on an aerodrome or within the airspace above the Republic and for requiring or forcing any such aircraft within the airspace above the Republic to land within the Republic for the purpose of being examined;
(d) for the taking of such other steps as may be thought necessary or desirable for securing the safety of any harbour or aerodrome or otherwise for the purposes of defence, the generality of this provision not being limited by the particular matters provided for in paragraphs (a), (b) and (c) of this subsection.

[Subsection (1) amended by section 9 of Act No. 51 of 1991]

 

(2) For the purposes of this section—

 

'harbour' means any harbour under the jurisdiction of the 'Company' or the 'Corporation' defined in section 1 of the Legal Succession to the South African Transport Services Act, 1989 (Act 9 of 1989), any area of land and sea which the State President may designate as a harbour or any area of land and sea which the State President may assign to any harbour; and

 

'aerodrome' means a defined area of land or water (including any building, installation and equipment thereon) intended to be used either wholly or in part in connection with the arrival, departure or movement of aircraft, and includes any area which the State President may by proclamation in the Gazette designate as an aerodrome, and the airspace above any aerodrome.

[Subsection (2) amended by section 36 of Act No. 132 of 1992]

 

(3) The Minister may vest in any person such powers as he may deem necessary for the execution or enforcement of any order or instruction issued in pursuance of this section.

[Subsection (3) amended by section 9 of Act No. 51 of 1991]