Chapter 2: Bill of Rights
(2) �
(3) �
(4) �
(5) �
disorder, natural disaster or other public emergency; and
(b) � the declaration is necessary to restore peace and order.
A declaration of a state of emergency, and any legislation enacted or other action
taken in consequence of that declaration, may be effective only—
(a) � prospectively; and
(b) � for no more than 21 days from the date of the declaration, unless the National
Assembly resolves to extend the declaration. The Assembly may extend a
declaration of a state of emergency for no more than three months at a time.
The first extension of the state of emergency must be by a resolution adopted
with a supporting vote of a majority of the members of the Assembly. Any
subsequent extension must be by a resolution adopted with a supporting
vote of at least 60 per cent of the members of the Assembly. A resolution in
terms of this paragraph may be adopted only following a public debate in the
Assembly.
Any competent court may decide on the validity of—
(a) � a declaration of a state of emergency;
(b) � any extension of a declaration of a state of emergency; or
(c) � any legislation enacted, or other action taken, in consequence of a declaration
of a state of emergency.
Any legislation enacted in consequence of a declaration of a state of emergency may
derogate from the Bill of Rights only to the extent that—
(a) � the derogation is strictly required by the emergency; and
(b) � the legislation—
(i) � is consistent with the Republic’s obligations under international law
applicable to states of emergency;
(ii) � conforms to subsection (5); and
(iii) � is published in the national Government Gazette as soon as reasonably
possible after being enacted.
No Act of Parliament that authorises a declaration of a state of emergency, and
no legislation enacted or other action taken in consequence of a declaration, may
permit or authorise—
(a) � indemnifying the state, or any person, in respect of any unlawful act;
(b) � any derogation from this section; or
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