Chapter 11: Security Services
CHAPTER 11
SecuRitY SeRViceS
Governing principles
198.
The following principles govern national security in the Republic:
(a) National security must reflect the resolve of South Africans, as individuals and
as a nation, to live as equals, to live in peace and harmony, to be free from fear
and want and to seek a better life.
(b) The resolve to live in peace and harmony precludes any South African citizen
from participating in armed conflict, nationally or internationally, except as
provided for in terms of the Constitution or national legislation.
(c) National security must be pursued in compliance with the law, including
international law.
(d) National security is subject to the authority of Parliament and the national
executive.
Establishment, structuring and conduct of security services
199.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
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.
The defence force is the only lawful military force in the Republic.
Other than the security services established in terms of the Constitution, armed
organisations or services may be established only in terms of national legislation.
The security services must be structured and regulated by national legislation.
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.
No member of any security service may obey a manifestly illegal order.
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.
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