Special Investigating Units and Special Tribunals Act, 1996
R 385
Defence Act, 2002 (Act No. 42 of 2002)Chapter 3 : Employment and use of Defence Force20. Powers and duties of members while being employed |
| 1) | Whenever the Defence Force or any portion or member thereof has been employed for a service contemplated in section 201(2) of the Constitution or section 18(1)(a), (b), (c) or (d), a member of the Defence Force who is utilised for the execution of services under such employment has the same powers and duties as those conferred or imposed upon a member of the South African Police Service by virtue of— |
| a) | section 13(3), (6), (7), (8) and (9) of the South African Police Act, 1995 (Act 68 of 1995); |
| b) | section 9 of the Regulation of Gatherings Act, 1993 (Act 205 of 1993); |
| c) | sections 21, 22, 23, 24, 25, 27, 29, 30, 32, 33, 34, 35, 36, 39, 40, 41, 44, 47, 48, 49 and 52 of the Criminal Procedure Act, 1977 (Act 51 of 1977); |
| d) | sections 9 and 41 of the Arms and Ammunition Act, 1969 (Act 75 of 1969); |
| e) | section 11(b), (g) and (i) of the Road Traffic Act, 1989 (Act 29 of 1989); and |
| f) | section 31(b), (g), (h), (i) and (l) of the National Road Traffic Act, 1996 (Act 93 of 1996). |
| 2) | The powers and duties referred to in subsection (1) may only be exercised or performed for the purposes of the— |
| a) | successful execution of that employment; |
| b) | prevention of crime; |
| c) | maintenance of law and order; or |
| d) | preservation of the internal security of the Republic. |
| 3) | The powers and duties referred to in subsection (1) does not include investigation of crime. |
| 4) | A member of the Defence Force who arrests or detains any person or seizes any article or object must as soon as possible hand that person, article or object over to a police official or any other appropriate functionary designated by a relevant law. |
| 5) | A member of the Defence Force shall in respect of acts done or omitted to be done by him or her by virtue of this section be liable to the same extent as he or she would have been liable in like circumstances if he or she were a member of the South African Police Service, and shall have the benefit of all the indemnities to which a member of that Service would in like circumstances be entitled. |
| 6) | A member of the Defence Force who exercises any power by virtue of this section must be regarded as being a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act 51 of 1977). |
| 7) | For the purposes of this section, every statutory provision which confers any power or imposes any duty upon a member of the South African Police Service— |
| a) | holding a specific rank or office, must be construed as a reference to the military rank or office equivalent to such rank; and |
| b) | who is the National Commissioner of the South African Police Service, must be construed as a reference to the Chief of the Defence Force and, in the case of a provincial commissioner, to an officer designated by the Chief of the Defence Force for such purposes. |
| 8) | Nothing in this section may be construed as giving a member of the South African Police Service any power to exercise command or control over any member of the Defence Force and, conversely, as giving a member of the Defence Force any power to exercise command or control over any member of the South African Police Service. |
| 9) | A member of the Defence Force who is utilised for the execution of an employment envisaged in section 18(1) (d) also has the power to— |
| a) | request anyone in the Republic who is reasonably suspected of being an illegal foreigner contemplated in the Immigration Act, 2002 (Act 13 of 2002), to identify himself or herself as a citizen or resident, or to produce a permit to be in the Republic; |
| b) | apprehend, question or, subject to subsection (4), arrest or detain without a need for a warrant an illegal foreigner in order to be dealt with in terms of that Act; and |
| c) | subject to subsection (4), seize or retain, without a need for a warrant, any firearm or other dangerous weapon in possession or under the control of an illegal foreigner. |
| 10) | No provision of this Act relating to the powers and duties of a member of the Defence Force may be construed as removing, detracting from or diminishing any power or duty expressly conferred, enforced or imposed by any other law or the common law upon such a member of the Defence Force. |
| 11) | Members of the Defence Force employed in terms of subsection (1) must receive appropriate training prior to such employment and must be equipped accordingly. |
