# Constitution of the Republic of South Africa, 1993/1994-11-23/Chapter 14

Chapter 14
Police and Defence
South African Police Service
Establishment
214. (1) There shall be established and regulated by an Act of Parliament a South African Police Service, which shall be structured at both national and provincial levels and shall function under the direction of the national government as well as the various provincial governments.
(2) The Act of Parliament referred to in subsection (1) shall—
(a)
(b)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Powers and functions
215. The powers and functions of the Service shall be—
(a)
(b)
(c)
(d)
Minister and National Commissioner
216. (1) The President shall, subject to this Constitution, charge a Minister with responsibility for the Service.
(2) (a) The President shall, subject to section 236(1) and (2), appoint the National Commissioner.
(b) The National Commissioner shall exercise executive command of the Service, subject to section 219(1) and the directions of the Minister referred to in subsection (1).
(3) The President, may, if the National Commissioner has lost the confidence of the Cabinet, institute appropriate proceedings against the Commissioner in accordance with a law.
Powers of provinces
217. (1) The Premier of a province shall charge a member of the Executive Council of the province with responsibility for the performance by the Service in or in regard to that province of the functions set out in section 219(1).
(2) The member of the Executive Council referred to in subsection (1)—
(a)
(b)
(3) A provincial legislature may pass laws not inconsistent with national legislation regarding the functions of the Service set out in section 219(1).
(4) No provincial law may—
(a)
(b)
Responsibilities of National Commissioner
218. (1) Subject to section 214 and the directions of the Minister referred to in section 216(1), the National Commissioner shall be responsible for—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(i)
(ii)
(2) The National Commissioner may after consultation with the Executive Council of the province concerned assign responsibility for any function set out in this section to a Provincial Commissioner: Provided that the National Commissioner shall ensure that sufficient resources are made available to the Provincial Commissioner for such purpose.
Provincial Commissioners
219. (1) Subject to sections 214 and 218 and the directions of the relevant member of the Executive Council referred to in section 217(1), a Provincial Commissioner shall be responsible for—
(a)
(b)
(c)
(d)
(i)
(ii)
(iii)
(e)
(f)
(g)
(2) Subject to sections 214 and 218 and the directions of the National Commissioner, a Provincial Commissioner shall be responsible for—
(a)
(b)
(c)
(d)
Co-ordination and co-operation
220. (1) A committee consisting of the Minister referred to in section 216(1) and the respective members of the Executive Councils referred to in section 217(1) shall be established to ensure the effective co-ordination of the Service and effective co-operation between the various Commissioners.
(2) The Act referred to in section 214(1) shall provide for the appointment of a Board of Commissioners, consisting of the National Commissioner and the Provincial Commissioners and presided over by the National Commissioner or his or her nominee, in order to promote co-operation and co-ordination in the Service.
Local policing
221. (1) The Act referred to in section 214(1) shall provide for the establishment of community-police forums in respect of police stations.
(2) The functions of community-police forums referred to in subsection (1) may include—
(a)
(b)
(c)
(d)
(i)
(ii)
(iii)
(iv)
(v)
(e)
(3) The Act referred to in section 214(1) shall make provision for the establishment by any local government of a municipal or metropolitan police service: Provided that—
(a)
(b)
(c)
to paragraph (b) and the provisions of the said Act, determine the powers and functions of such a police service; and
(d)
Independent complaints mechanism
222. There shall be established and regulated by an Act of Parliament an independent mechanism under civilian control, with the object of ensuring that complaints in respect of offences and misconduct allegedly committed by members of the Service are investigated in an effective and efficient manner.
Acts of members outside their territorial jurisdiction
223. (1) No act of a member of the Service shall be invalid solely by reason of the fact that it was committed outside the province in which that member is stationed.
(2) The National Commissioner shall by regulation determine the procedures and the relevant powers of the members of the Service to enable them to perform their functions outside their area of provincial jurisdiction.
National Defence Force
Establishment of National Defence Force
224. (1) The National Defence Force is hereby established as the only defence force for the Republic.
(2) The National Defence Force shall at its establishment consist of all members of—
(a)
(b)
(c)
and whose names, at the commencement of this Constitution, are included in a certified personnel register referred to in section 16(3) or (9) of the said Act: Provided that this subsection shall not apply to members of any such defence or armed force if the political organisation under whose authority and control it stands or with which it is associated and whose objectives it promotes did not take part in the first election of the National Assembly and the provincial legislatures under this Constitution.
(3) Save for the National Defence Force, no other armed force or military force or armed organisation or service may be established in or for the Republic other than—
(a)
(b)
(c)
Chief of National Defence Force
225. Subject to section 236(1) and (2), the President shall appoint a Chief of the National Defence Force, who shall exercise military executive command of the National Defence Force, subject to the directions of the Minister responsible for defence and, during a state of national defence, of the President.
Members of National Defence Force
226. (1) The National Defence Force shall comprise both a permanent force and a part-time reserve component.
(2) The establishment, organisation, training, conditions of service and other matters concerning the permanent force shall be as provided for by an Act of Parliament.
(3) The establishment, organisation, training, state of preparedness, calling up, obligations and conditions of service of the part-time reserve component shall be as provided for by an Act of Parliament.
(4) The National Defence Force shall be established in such a manner that it will provide a balanced, modern and technologically advanced military force, capable of executing its functions in terms of this Constitution.
(5) All members of the National Defence Force shall be properly trained in order to comply with international standards of competency.
(6) No member of the permanent force shall hold office in any political party or political organisation.
(7) A member of the National Defence Force shall be obliged to comply with all lawful orders, but shall be entitled to refuse to execute any order if the execution of such order would constitute an offence or would breach international law on armed conflict binding on the Republic.
(8) Provision shall be made by an Act of Parliament for the payment of adequate compensation to-
(a)
(b)
Functions of National Defence Force
227. (1) The National Defence Force may, subject to this Constitution, be employed—
(a)
(b)
(c)
(d)
(e)
(f)
(2) The National Defence Force shall—
(a)
(i)
(ii)
(iii)
in accordance with this Constitution and any law;
(b)
(c)
(d)
(e)
(f)
(3) The employment for service, training, organisation and deployment of the National Defence Force shall be effected in accordance with the requirements of subsection (2).
Accountability
228. (1) The Minister responsible for defence shall be accountable to Parliament for the National Defence Force.
(2) Parliament shall annually approve a budget for the defence of the Republic.
(3) (a) A joint standing committee of Parliament on defence shall be established, consisting of members of all political parties holding more than 10 seats in the National Assembly and willing to participate in the committee.
(b) The total membership of the committee shall be as determined by or under the rules and orders.
(c) Such a party shall be entitled to designate a member or members on the committee in accordance with the principle of proportional representation and as determined in accordance with the following formula:
(i)
(ii)
(iii)
(iv)
(v)
(d) The committee shall be competent to investigate and make recommendations regarding the budget, functioning, organisation, armaments, policy, morale and state of preparedness of the National Defence Force and to perform such other functions relating to parliamentary supervision of the Force as may be prescribed by law.
(4) (a) The President shall, when the National Defence Force is employed for service referred to in section 227(1)(a), (b) or (e), forthwith inform Parliament of the reasons for such employment.
(b) If, in the case of such an employment referred to in section 227(1)(a) or (b), Parliament is not sitting, the President shall summon the joint standing committee referred to in subsection (3) to meet expeditiously, but not later than 14 days after the commencement of such employment, and shall inform the committee of the reasons for such employment.
(5) Parliament may by resolution terminate any employment referred to in section 227(1)(a), (b) or (e), but such termination of employment shall not affect the validity of anything done in terms of such employment up to the date of such termination, or any right, privilege, obligation or liability acquired, accrued or incurred as at the said date under and by virtue of such employment.