Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/74

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Act No. 200, 1993

Constitution of the Republic of South Africa, 1993

to paragraph (b) and the provisions of the said Act, determine the powers and functions of such a police service; and

(d)

the said Act shall provide that its provisions shall, as far as practicable, apply mutatis mutandis to any such police service.

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)

the South African Defence Force;

(b)

any defence force of any area forming part of the national territory; and

(c)

any armed force as defined in section 1 of the Transitional Executive Council Act, 1993 (Act No. 151 of 1993),

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)

as provided for in this Constitution;

(b)

a force established by or under an Act of Parliament for the protection of public property or the environment; or

(c)

a service established by or under law for the protection of persons or property.

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.