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South African Police Service Act, 1995 (Act No. 68 of 1995)

Chapter 6 : Organised Crime and Public Order Policing Unit

17. National public order policing unit

 

(1) The National Commissioner shall, subject to section 218(1)(k) of the Constitution, establish and maintain a national public order policing unit.

 

(2) The National Commissioner may deploy the national public order policing unit, or any part thereof, at the request and in support of a Provincial Commissioner, taking into account—
(a) the reason for the request;
(b) the personnel and equipment available to the unit; and
(c) any other circumstances anywhere in the national territory which may have an influence on the maintenance of public order and which may require the deployment of the unit or any part thereof elsewhere.

 

(3) Where the national public order policing unit or any part thereof is deployed under subsection (2), the unit shall perform its functions subject to the directions of the Provincial Commissioner concerned: Provided that the mere fact of such deployment does not preclude the President from exercising his or her powers under subsection (5) in relation to the area where the unit is so deployed.

 

(4) The National Commissioner may withdraw the national public order policing unit or any part thereof deployed under subsection (2), taking into account—
(a) the prevailing circumstances where the unit or part thereof is so deployed;
(b) the personnel and equipment available to the unit; and
(c) any other circumstances anywhere in the national territory which may have an influence on the maintenance of public order and which may require the deployment of the unit or any part thereof elsewhere:

Provided that the National Commissioner shall, at the request of the Provincial Commissioner, withdraw the unit or any part thereof so deployed.

 

(5) The President may, in consultation with the Cabinet, direct the National Commissioner to deploy the national public order policing unit in circumstances where a Provincial Commissioner is unable to maintain public order and the deployment of the unit is necessary to restore public order.

 

(6) The National Commissioner shall, upon receiving a direction under subsection (5), deploy the national public order policing unit or such part thereof as may be necessary to restore public order to the area concerned, and may from time to time if he or she deems it necessary, deploy additional members of the unit in the area concerned or, subject to subsection (7), withdraw members of the unit from the area concerned if their continued presence is no longer required to restore or maintain public order in the area concerned or in any part thereof.

 

(7) Where the national public order policing unit or any part thereof is deployed under subsection (5) and public order has been restored in the area concerned, the unit or part thereof shall continue to maintain public order in such area until the President, in consultation with the Cabinet, directs the National Commissioner to withdraw the unit.