Older Persons Act, 2006
R 385
Defence Act, 2002 (Act No. 42 of 2002)Chapter 3 : Employment and use of Defence Force18. Employment of Defence Force |
| 1) | In addition to the employment of the Defence Force by the President as contemplated in section 201(2) of the Constitution, the President or the Minister may authorise the employment of the Defence Force for service inside the Republic or in international waters, in order to— |
| a) | preserve life, health or property in emergency or humanitarian relief operations; |
| b) | ensure the provision of essential services; |
| c) | support any department of state, including support for purposes of socio-economic upliftment; and |
| d) | effect national border control. |
| 2) | When the Defence Force is employed for any purpose contemplated in paragraph (a), (b), (c) or (d) of subsection (1), the President or Minister, as the case may be, must inform Parliament promptly and in appropriate detail of the— |
| a) | reasons for such employment; |
| b) | place where the Defence Force is being employed; |
| c) | number of people involved; |
| d) | period for which the Defence Force is expected to be employed; and |
| e) | expenditure incurred or expected to be incurred. |
| 3) | If Parliament does not sit during the first seven days after the employment of the Defence Force as contemplated in subsection (2), the President or Minister, as the case may be, must provide the information required in that subsection to the appropriate oversight committee of Parliament on Defence. |
| 4) | If the Defence Force is employed by the President for any purpose contemplated in section 201(2) of the Constitution, the President must also comply with subsection (2)(e). |
| 5) | Parliament may by resolution within seven days after receiving information contemplated in subsection (2) from the President or the Minister— |
| a) | confirm any such authorisation of employment; |
| b) | order the amendment of such authorisation; |
| c) | order the substitution for such authorisation of any other appropriate authorisation; or |
| d) | order the termination of the employment of the Defence Force. |
| 6) | An order contemplated in subsection (5) (b), (c) or (d) does not affect— |
| a) | the validity of the authorisation up to the moment of the passing of the resolution by Parliament; |
| b) | the validity of anything done by virtue of the authorisation up to the moment that the amendment, substitution or termination of the authorisation takes effect; or |
| c) | any right, privilege, obligation or liability acquired, accrued or incurred as a result of the authorisation for the employment of the Defence Force, up to the applicable moment contemplated in paragraph (b). |
| 7) |
| a) | If authorisation by the Minister in terms of subsection (1)(a) cannot be obtained in time to avert imminent danger to life, health or property, the Secretary for Defence, with the concurrence of the Chief of the Defence Force, may, in accordance with a standing arrangement delegated by the Minister in this regard, authorise the employment of the National Defence Force for purposes of that subsection. |
| b) | The Secretary for Defence must inform the Minister as soon as possible of such authorisation and provide the Minister with the information referred to in subsection (2). |
| c) | The Minister may cancel the authorisation if he or she disagrees, in which case subsection (6) applies with the necessary changes. |
| d) | If the Minister agrees with the authorisation, subsections (2), (3), (5) and (6) apply with the necessary changes. |
