Statistics Act, 1999
R 385
Defence Act, 2002 (Act No. 42 of 2002)Chapter 4 : Law Enforcement Powers of Defence Force at Sea23. Interests to be considered |
| 1) |
| a) | If the Master of a foreign ship in relation to which and on board of which enforcement measures are being taken in accordance with section 22(2)(b) so requests, directly or through any military aircraft or warship authorised in terms of section 22(1), the Department of Foreign Affairs must notify a diplomatic agent or consular officer of the flag state of such ship before any enforcement measures are taken. |
| b) | The Department of Foreign Affairs or the Defence Force, as the case may be, must, if reasonably possible, facilitate contact between such diplomatic agent or consular officer and the crew of the ship in question. |
| c) | In a case of emergency or if there is danger that such ship might escape, the notification contemplated in paragraph (a) may be communicated while the enforcement measures are being taken. |
| 2) | In considering whether or in what manner an arrest should be made, due regard must be had to the interests of safe navigation. |
