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

Chapter 12 : Municipal and Metropolitan Police Services

64F. Powers of member of municipal police service

 

(1) Subject to the Constitution of the Republic of south Africa, 1996 (Act No. 108 of 1996), and with due regard to the fundamental rights of every person, a member of a municipal police service may exercise such powers and shall perform such duties as are by law conferred upon or assigned to a member of a municipal police service.

 

(2) The Minister may from time to time prescribe that any power conferred upon a member of the Service by this Act or any other law, may be exercised by a member of a municipal police service: Provided that where the power includes the power to seize an article, the member of the municipal police service shall forthwith deliver the article to a member.

 

(3) Every member of a municipal police service is a peace officer and may exercise the powers conferred upon a peace officer by law within the area of jurisdiction of the municipality in question: Provided that a member may exercise such powers outside the area of jurisdiction if it is done—
(a) in pursuit of a person whom the member reasonably suspects of having committed an offence, and if the pursuit commenced within the area of jurisdiction of the municipality; or
(b) in terms of an agreement between the municipal council and another municipal council in terms of section 10C (7) of the Local Government Transition Act, 1993 (Act No. 209 of 1993).

 

[Section 64F inserted by section 3 of Act No. 83 of 1998]