Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/19

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Constitution of the Republic of South Africa, 1996

Act No. 108, 1996

Chapter 2—Bill of Rights

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(2)

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.

(3)

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.

(4)

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.

(5)

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

(c)

any derogation from a section mentioned in column 1 of the Table of Non-Derogable Rights, to the extent indicated opposite that section in column 3 of the Table.