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Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Chapter 11 - Security Services

199. Establishment, structuring and conduct of security services

 

 

1) The security services of the Republic consist of a single defence force, a single police service and any intelligence services established in terms of the Constitution.

 

2) The defence force is the only lawful military force in the Republic.

 

3) Other than the security services established in terms of the Constitution, armed organisations or services may be established only in terms of national legislation.

 

4) The security services must be structured and regulated by national legislation.

 

5) The security services must act, and must teach and require their members to act, in accordance with the Constitution and the law, including customary international law and international agreements binding on the Republic.

 

6) No member of any security service may obey a manifestly illegal order.

 

7) Neither the security services, nor any of their members, may, in the performance of their functions :
a) prejudice a political party interest that is legitimate in terms of the Constitution; or
b) further, in a partisan manner, any interest of a political party.

 

8) To give effect to the principles of transparency and accountability, multi-party parliamentary committees must have oversight of all security services in a manner determined by national legislation or the rules and orders of Parliament.