The State of Emergency Act, 1997 is a South African act of legislation that governs the use of a declared state of emergency by the President of South Africa. The President may declare a state of emergency only when "the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency" and if the ordinary laws and government powers are not sufficient to restore peace and order.[1]
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by 2,798 kilometres (1,739 mi) of coastline of Southern Africa stretching along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini (Swaziland); and it surrounds the enclaved country of Lesotho. South Africa is the largest country in Southern Africa and the 25th-largest country in the world by land area and, with over 57 million people, is the world's 24th-most populous nation. It is the southernmost country on the mainland of the Old World or the Eastern Hemisphere. About 80 percent of South Africans are of Sub-Saharan African ancestry, divided among a variety of ethnic groups speaking different African languages, nine of which have official status. The remaining population consists of Africa's largest communities of European (White), Asian (Indian), and multiracial (Coloured) ancestry.
A state of emergency is a situation in which a government is empowered to perform actions that it would normally not be permitted. A government can declare such state during a disaster, civil unrest, or armed conflict. Such declaration alerts citizens to change their normal behavior and orders government agencies to implement emergency plans. Justitium is its equivalent in Roman law—a concept in which the senate could put forward a final decree that was not subject to dispute.
The President of the Republic of South Africa is the head of state and head of government under the Constitution of South Africa. From 1961 to 1994, the head of state was called the State President.
The declaration is made by proclamation in the Government Gazette and may only apply from the time of publication, not retroactively. It can only continue for 21 days unless the National Assembly grants an extension, which may be for at most three months at a time. The High Courts have the power, subject to confirmation by the Constitutional Court, to determine the validity of the declaration of a state of emergency.[1]
A proclamation is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations and are usually issued in the name of the head of state.
The Government Gazette is the gazette of record of South Africa. It is the "official organ of Government". The Government Gazette is used by the government as an official way of communicating to the general public.
The National Assembly is the lower house of the Parliament of South Africa, located in Cape Town, Western Cape Province. It consists of four hundred members who are elected every five years using a party-list proportional representation system where half of the members are elected proportionally from 9 provincial lists and the remaining half from national lists so as to restore proportionality.
During a state of emergency the President has the power to make emergency regulations "necessary or expedient" to restore peace and order and end the emergency. This power can be delegated to other authorities. Emergency measures can violate the Bill of Rights, but only to a limited extent. Some rights are inviolable, including amongst others the rights to life and to human dignity; the prohibition of discrimination on the grounds of race, sex or religion; the prohibition of torture or inhuman punishment; and the right of accused people to a fair trial. Any violation of a constitutional right must be strictly required by the emergency. Emergency measures may not indemnify the government or individuals for illegal actions. They may impose criminal penalties, but not exceeding three years' imprisonment. They may not require military service beyond that required by the ordinary laws governing the defence force. An emergency measure may be disapproved by the National Assembly, in which case it lapses, and no emergency measure may interfere with the elections, powers or sittings of Parliament or the provincial legislatures. The courts have the power to determine the validity of any emergency measure, and this power may not be ousted even during the emergency.
The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces.
In South Africa, a provincial legislature is the legislative branch of the government of a province. The provincial legislatures are unicameral and vary in size from 30 to 80 members, depending on the population of the province. Each legislature is chaired by a Speaker and a Deputy Speaker.
Notes
1 2 Currie, Iain; de Waal, Johan (2005). "Chapter Thirty-three: States of Emergency". The Bill of Rights Handbook (5th ed.). Cape Town: Juta & Company Ltd. pp.798–806. ISBN9780702159237.
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