State of Emergency Act [No. 64 of 1997]
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GOVERNMENT GAZETTE
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post Ojice as a Newspaper As ‘n Nuusblad by die Poskantoor Geregistreer
CAPE TOWN, 21 NOVEMBER 1997 VOL 389 No. 184-50
KAAPSTAD, 21 NOVEMBER 1997
I PRESIDENT’S OFFICE I
No. 1561. 21 November 1997
It is hereby notified that the President has assented to the following Act which is hereby published for general information:—
No. 64 of 1997: State of Emergency Act, 1997
KANTOOR VAN DIE PRESIDENT
No. 1561. ~ 1 November 1997
Hierby word bekend gemaak dat die President sy goedkeuring geheg het aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer wrord:-
No. 64 van 1997: Wet op Noodtoestand, 1997.
~ >-O. I S450 GOVERNMENT G.AZETTE. 21 NOVEh4BER 1997
Act so. a. 1997 STATE OF EMERGENCY ACT. 1997
ACT To pro~ide 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.
PREAMBLE
WHEREAS section 37 of the Constitution of the RepubIic of South Africa, 1996 (Act No. 108 of 1996), provides that a state of emergency may be declared only in terms of an Act of Parliament, and on] y when the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency and the declaration is necessary to restore peace and order;
(English text signed by the President.) (Assented to 13 November 1997.)
B E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa,as follows: - Declaration of state of emergency
1. (1) Subject to the provisions of section 37 of the Constitution of the Republic of South .Africa. 1996 (Act No. 108 of 1996), the President may b~ proclamation in the 5 Gacet?e declare a state of emergency in the Republic or in any area \vithin the Republic.
(2) The reasons for the declaration of the state of emergency shall be stated briefly in the proclamation.
(3) The President may at any time withdraw the proclamation by like proclamation in the Ga:e[te. 10
Emergency regulations
2. (1) (a) 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 Ga;ette make such regulations as are necessary or expedient to restore peace and order and to make 15 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.
(b) In addi[ion to the publication of the regulations in the Ga:erte. the President shall cause the contents of the regulations to be made known to the public by appropriate 20 means.
(2) Without derogating from the generality of the powers conferred by this section, regulations mav provide for—
(a) the ernpo~venng of such persons or bodies as maybe specified therein to make orders. rules and bylaws for any of the purposes for \~hich the President is 25 authorised by this section to make regulations, and to prescribe penalties for an! contrak’ention of or failure to comply with the provisions of such orders, rules or bylaws;
(b) the imposition of such penalties as may be specified therein for any contravention of or failure to comply with the provisions of the regulations or 30 an> directions issued or conditions prescribed by or under the regulations, v.hich penalties may include the confiscation of any goods. property or ins[rurnents by means of which or in connection with \vhich the offence has been committed.
(3) No pro! ’ision of this section shall— 35
4 so. 18450 GOVERNMENT GAZETTE, 21 NOVEMBER 1997
Act NO. 6-t. 1997 STATE OF EMERGENCY ACT. 1997
(a) authorise the making of any regulations which are inconsistent with this Actor section 37 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996); or
(b) authorise the making of any regulations whereby— (i) provision is made for the imposition of imprisonment for a period 5
exceedng three years; (ii) any duty to render military service other than that provided for in the
Defence Act, 1957 (Act No. 44 of 1957), is imposed; or (iii) any law relating to the qualifications, nomination. election or tenure of
office of members of Parliament or a provincial legislature, the sittings of 10 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.
(4) Regulations governing the detention of persons shall provide for such international humanitarian organisations as may be recognised by the Republic to have 15 access to persons detained under such regulations in order to monitor the circumstances under which such persons are detained.
(5) Whenever any person is detained under any regulation made in pursuance of a state of emergency declared in a particular area, such person shall be detained at any place \vithin that area unless— ~o
(a) no suitable place of detention is availabie within that area; or (b) the detention of such person at a place outside that area is reasonably
necessary to restore peace and order.
Parliamentary supervision
3. (1) A copy of any proclamation declaring a state of emergency and of any 25 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.
(2) In addition to the powers conferred upon the National Assembly by section 37(2)(b) of the Constitution of the Republic of South Afric< 1996 (Act No. 108 of 30 1996), the National Assembly may—
(u) disapprove of any such regulation, order, rule or bylatv or of any provision thereofi or
(b) make any recommendation to the President in connection with any such proclamation, regulation, order, rule, bylaw or provision. 35
Lapsing of emergency regulations
4. (1) Any regulation, order, rule or bylaw made in pursuance of the declaration of a particular state of emergency, or any provision thereof, shall cease to be of force and effect—
(a) as from the date on which the proclamation declaring that state of emergency 40 is ~vithdrawn by the President under section 1 (3);
(b) as from the date on which the National Assembly— (i) resolves under section 37(2)(b) of the Constitution of the Republic of
South Africa, 1996 (Act No. 108 of 1996), not to extend the declaration of that state of emergency; or 45
(ii) resolves under section 3(2)(a) to disapprove of any such regulation, order, rule, bylaw or provision, to the extent to which it is so disapproved; or
(c) as from the date on which the declaration of that state of emergency lapses as contemplated in the said section 37(2)(b), 50
whichever is the earlier date. (2) 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 55 such regulation. order, rule, bylaw or provision.
6 No. I S450 GOVERNMENT GAZETTE. 21 NOVEMBER 1997
Act No. 64.1997 STATE OF EMERGENCY ACT, 1997
Repeal of Act 86 of 1995
5. The Sbte of Emergency Act, 1995, is hereby repealed.
Short title
6. This Act shall be called the State of Emergency Act, 1997.