To provide for the declaration of a state of emergency; to empower the President to make regulations in pursuance of any such declaration; and to provide for matters connected therewith.
Subject to the provisions of section 37 of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), the President may by proclamation in the Gazette declare a state of emergency in the Republic or in any area within the Republic.
The reasons for the declaration of the state of emergency shall be stated briefly in the proclamation.
The President may at any time withdraw the proclamation by like proclamation in the Gazette.
The President may, in respect of the Republic or of any area in which the state of emergency has been declared and for as long as the proclamation declaring the state of emergency remains of force, by proclamation in the Gazette make such regulations as are necessary or expedient to restore peace and order and to make adequate provision for terminating the state of emergency, or to deal with any circumstances which have arisen or are likely to arise as a result of the state of emergency.
In addition to the publication of the regulations in the Gazette , the President shall cause the contents of the regulations to be made known to the public by appropriate means.
STATE OF EMERGENCY ACT 64 OF 1997 Page 2 of 3 under the regulations, which penalties may include the confiscation of any goods, property or instruments by means of which or in connection with which the offence has been committed.
any law relating to the qualifications, nomination, election or tenure of office of members of Parliament or a provincial legislature, the sittings of Parliament or a provincial legislature or the powers, privileges or immunities of Parliament or a provincial legislature or of the members or committees thereof, is amended or suspended.
Regulations governing the detention of persons shall provide for such international humanitarian organisations as may be recognised by the Republic to have access to persons detained under such regulations in order to monitor the circumstances under which such persons are detained.
the detention of such person at a place outside that area is reasonably necessary to restore peace and order.
A copy of any proclamation declaring a state of emergency and of any regulation, order, rule or bylaw made in pursuance of any such declaration shall be laid upon the Table in Parliament by the President as soon as possible after the publication thereof.
make any recommendation to the President in connection with any such proclamation, regulation, order, rule, bylaw or provision.
as from the date on which the declaration of that state of emergency lapses as contemplated in the said section 37 (2) (b) , whichever is the earlier date.
The provisions of subsection (1) shall not derogate from the validity of anything done in terms of any such regulation, order, rule, bylaw or provision up to the date upon which it so ceased to be of force and effect, or from any right, privilege, obligation or liability acquired, accrued or incurred, as at the said date, under and by virtue of any such regulation, order, rule, bylaw or provision.
The State of Emergency Act, 1995, is hereby repealed.
This Act shall be called the State of Emergency Act, 1997.