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Defence Act, 2002 (Act No. 42 of 2002)

Chapter 1 : Introductory Provisions

2. Principles

 

The Minister and any organ of state defined in section 239 of the Constitution, as well as all members of the Defence Force and any auxiliary service and employees, must, in exercising any power or performing any duty in terms of this Act, have regard to the following principles:

a) The formulation and execution of defence policy is subject to the authority of Parliament and the national executive.
b) The primary object of the Defence Force is to defend and protect the Republic, its people and its territorial integrity.
c) The Defence Force must perform its functions in accordance with the Constitution and international law regulating the use of force.
d) The Defence Force must have a primarily defensive orientation and posture.
e) No member of the Defence Force may obey a manifestly illegal order.
f) Neither the Defence Force nor its members may, in the performance of their functions, prejudice a political party interest that is legitimate in terms of the Constitution, or, in a partisan fashion, further any interest of a political party.
g) The Defence Force must respect the fundamental rights and dignity of its members and of all persons.