| Act No. 200, 1993
|
Constitution of the Republic of South Africa, 1993
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(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)
a member of the National Defence Force who suffers loss due to physical or mental disability sustained in the execution of his or her duties as such a member; and
(b)
the immediate dependants of a member of the National Defence Force who suffer loss due to the death or physical or mental disability of such a member resulting from the execution of his or her duties as such a member.
Functions of National Defence Force
227. (1) The National Defence Force may, subject to this Constitution, be employed—
(a)
for service in the defence of the Republic, for the protection of its sovereignty and territorial integrity;
(b)
for service in compliance with the international obligations of the Republic with regard to international bodies and other states;
(c)
for service in the preservation of life, health or property;
(d)
for service in the provision or maintenance of essential services;
(e)
for service in the upholding of law and order in the Republic in co-operation with the South African Police Service under circumstances set out in a law where the said Police Service is unable to maintain law and order on its own; and
(f)
for service in support of any department of state for the purpose of socio-economic upliftment.
(2) The National Defence Force shall—
(a)
exercise its powers and perform its functions solely in the national interest by—
(i)
upholding the Constitution;
(ii)
providing for the defence of the Republic; and
(iii)
ensuring the protection of the inhabitants of the Republic,
in accordance with this Constitution and any law;
(b)
exercise its powers and perform its functions under the directions of the government of the Republic;
(c)
refrain from furthering or prejudicing party-political interests;
(d)
not breach international customary law binding on the Republic relating to aggression;
(e)
in armed conflict comply with its obligations under international customary law and treaties binding on the Republic; and
(f)
be primarily defensive in the exercise or performance of its powers and functions.
(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.
