Is the South African National Defence Force (army) preparing for a State of Emergency?

[One of my followers spotted this one. Part of a communication indicating that the SANDF is doing workshops regarding a State of Emergency. This would not surprise me. The country is unstable. But I would not panic too much about this. I don’t think this should play into the “we will be exterminated” idea. The blacks have malicious intentions without needing a State of Emergency. Jan]

2 thoughts on “Is the South African National Defence Force (army) preparing for a State of Emergency?

  • 9th May 2018 at 10:11 am
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    (personally i highly doubt they (ANC/Gov) would dare initiate STATE OF EMERGENCY ACT. 1997 section subsection (ii))
    Cause this would bring into action the “DEFENCE ACT 44 OF 1957”

    they (ANC/Gov) would rather use low handed/form tactics ie land invaders who are being organised by anc & eff members and told to go get their piece of plot of land.

    also more likely they will amend section 25 Property in the constitution its easier seeing their in the lead with vote for it’s removal of section 25. subsection 2.b
    and leave subsection 2.a (for the public purpose or in the public interest)

    but never the less its interesting to see they foresee an emergency of some sort, & had to have workshops on the below mentioned act’s).
    Yet well the country has been rocked by the last 3 weeks of non stop protests (Riots in some cases), and violent actions & land invasions in many parts of the Country. the liberal media has been so slow to react to most of theses incidence, & connie-capitalist/communist Cyril Ramaphosa been rather slow on addressing anything.

    also just in today 05/09 https://blf.org.za/2018/05/08/cyril-ramaphosa-allows-military-invasion-of-sa-by-usa/
    looks like usa aware of something the majority of the public is not aware.
    could it that they are aware of britians subversive involvement in SA?
    could they have intercepted chit-chatter with local calls of odd key words? thanks to there multiple surveillance programs!
    could they be worried by islamic attacks in northern mozambique over the past few months>? or muslim jihadist down here in ZAR?
    or could they be training our useless sandf ? (how many have died up in afrika, on there peace mission by jihadist)
    so much to speculate about..

    25. (1) No one may be deprived of property except in terms of law of general application,
    and no law may permit arbitrary deprivation of property.
    (2) Property may be expropriated only in terms of law of general application—
    (a) for a public purpose or in the public interest; and
    (b) subject to compensation, the amount of which and the time and manner of
    payment of which have either been agreed to by those affected or decided or
    approved by a court.

    http://www.justice.gov.za/legislation/constitution/SAConstitution-web-eng.pdf section 37
    States of emergency
    37. (1) A state of emergency may be declared only in terms of an Act of Parliament, and
    only when—
    (a) the life of the nation is threatened by war, invasion, general insurrection,
    disorder, natural disaster or other public emergency; and
    (b) the declaration is necessary to restore peace and order.
    (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 NonDerogable
    Rights, to the extent indicated opposite that section in column 3 of
    the Table.
    —————————–

    Table of Non-Derogable Rights
    —————————–
    1 | Section number | 2 Section title | 3 Extent to which the right is protected
    9 | Equality | With respect to unfair discrimination solely on the grounds of race, colour, ethnic or social origin, sex, religion or language.
    10 | Human Dignity | Entirely
    11 | Life | Entirely
    12 | Freedom and Security of the person | With respect to subsections (1)(d) and (e) and (2)(c).
    13 | Slavery, servitude and forced labour | With respect to slavery and servitude
    28 | Children | With respect to: – subsection (1)(d) and (e); – the rights in subparagraphs (i) and (ii) of subsection (1)(g); and – subsection 1(i) in respect of children of 15 years
    and younger.
    35 | Arrested, detained and accused persons | With respect to: – subsections (1)(a), (b) and (c) and (2)(d);– the rights in paragraphs (a) to (o) of subsection (3), excluding paragraph (d)
    – subsection (4); and – subsection (5) with respect to the exclusion of evidence if the admission of that evidence would render the trial unfair.
    —————————–
    (6) Whenever anyone is detained without trial in consequence of a derogation of rights resulting from a declaration of a state of emergency, the following conditions must
    be observed:

    The above then links to the below

    http://www.ifrc.org/docs/idrl/663EN.pdf or http://www.justice.gov.za/legislation/acts/1997-064.pdf

    Act so. a. 1997 STATE OF EMERGENCY ACT. 1997
    ACT
    To pro~ide for the declaration of a state of emergency; to empower the President to
    make regulations in pursuance of any such declaration; and to provide for matters
    connected therewith.
    PREAMBLE
    WHEREAS section 37 of the Constitution of the RepubIic of South Africa, 1996 (Act
    No. 108 of 1996), provides that a state of emergency may be declared only in terms of
    an Act of Parliament, and on] y when the life of the nation is threatened by war, invasion,
    general insurrection, disorder, natural disaster or other public emergency and the
    declaration is necessary to restore peace and order;
    (English text signed by the President.)
    (Assented to 13 November 1997.)
    B
    E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa,
    as follows: –
    Declaration of state of emergency
    1. (1) Subject to the provisions of section 37 of the Constitution of the Republic of
    South .Africa. 1996 (Act No. 108 of 1996), the President may b~ proclamation in the 5
    Gacet?e declare a state of emergency in the Republic or in any area \vithin the Republic.
    (2) The reasons for the declaration of the state of emergency shall be stated briefly in
    the proclamation.
    (3) The President may at any time withdraw the proclamation by like proclamation in
    the Ga:e[te. 10
    Emergency regulations
    2. (1) (a) The President may, in respect of the Republic or of any area in which the
    state of emergency has been declared and for as long as the proclamation declaring the
    state of emergency remains of force, by proclamation in the Ga;ette make such
    regulations as are necessary or expedient to restore peace and order and to make 15
    adequate provision for terminating the state of emergency. or to deal with any
    circumstances which have arisen or are likely to arise as a result of the state of
    emergency.
    (b) In addition to the publication of the regulations in the Ga:erte. the President shall
    cause the contents of the regulations to be made known to the public by appropriate 20
    means.
    (2) Without derogating from the generality of the powers conferred by this section,
    regulations mav provide for—
    (a) the ernpo~venng of such persons or bodies as maybe specified therein to make
    orders. rules and bylaws for any of the purposes for \~hich the President is 25
    authorised by this section to make regulations, and to prescribe penalties for
    an! contrak’ention of or failure to comply with the provisions of such orders,
    rules or bylaws;
    (b) the imposition of such penalties as may be specified therein for any
    contravention of or failure to comply with the provisions of the regulations or 30
    an> directions issued or conditions prescribed by or under the regulations,
    v.hich penalties may include the confiscation of any goods. property or
    ins[rurnents by means of which or in connection with \vhich the offence has
    been committed.
    (3) No pro! ’ision of this section shall— 35
    4 so. 18450 GOVERNMENT GAZETTE, 21 NOVEMBER 1997
    Act NO. 6-t. 1997 STATE OF EMERGENCY ACT. 1997
    (a) authorise the making of any regulations which are inconsistent with this Actor
    section 37 of the Constitution of the Republic of South Africa, 1996 (Act No.
    108 of 1996); or
    (b) authorise the making of any regulations whereby—
    (i) provision is made for the imposition of imprisonment for a period 5
    exceedng three years;
    (ii) any duty to render military service other than that provided for in the
    Defence Act, 1957 (Act No. 44 of 1957), is imposed; or
    (iii) any law relating to the qualifications, nomination. election or tenure of
    office of members of Parliament or a provincial legislature, the sittings of 10
    Parliament or a provincial legislature or the powers, privileges or
    immunities of Parliament or a provincial legislature or of the members or
    committees thereof, is amended or suspended.
    (4) Regulations governing the detention of persons shall provide for such
    international humanitarian organisations as may be recognised by the Republic to have 15
    access to persons detained under such regulations in order to monitor the circumstances
    under which such persons are detained.
    (5) Whenever any person is detained under any regulation made in pursuance of a
    state of emergency declared in a particular area, such person shall be detained at any
    place \vithin that area unless— ~o
    (a) no suitable place of detention is availabie within that area; or
    (b) the detention of such person at a place outside that area is reasonably
    necessary to restore peace and order.
    Parliamentary supervision
    3. (1) A copy of any proclamation declaring a state of emergency and of any 25
    regulation. order, rule or bylaw made in pursuance of any such declaration shall be laid
    upon the Table in Parliament by the President as soon as possible after the publication
    thereof.
    (2) In addition to the powers conferred upon the National Assembly by section
    37(2)(b) of the Constitution of the Republic of South Afric< 1996 (Act No. 108 of 30
    1996), the National Assembly may—
    (u) disapprove of any such regulation, order, rule or bylatv or of any provision
    thereofi or
    (b) make any recommendation to the President in connection with any such
    proclamation, regulation, order, rule, bylaw or provision. 35
    Lapsing of emergency regulations
    4. (1) Any regulation, order, rule or bylaw made in pursuance of the declaration of a
    particular state of emergency, or any provision thereof, shall cease to be of force and
    effect—
    (a) as from the date on which the proclamation declaring that state of emergency 40
    is ~vithdrawn by the President under section 1 (3);
    (b) as from the date on which the National Assembly—
    (i) resolves under section 37(2)(b) of the Constitution of the Republic of
    South Africa, 1996 (Act No. 108 of 1996), not to extend the declaration
    of that state of emergency; or 45
    (ii) resolves under section 3(2)(a) to disapprove of any such regulation,
    order, rule, bylaw or provision, to the extent to which it is so
    disapproved; or
    (c) as from the date on which the declaration of that state of emergency lapses as
    contemplated in the said section 37(2)(b), 50
    whichever is the earlier date.
    (2) The provisions of subsection(1) shall not derogate from the validity of anything
    done in terms of any such regulation, order, rule, bylaw or provision up to the date upon
    which it so ceased to be of force and effect, or from any right. privilege. obligation or
    liability acquired, accrued or incurred, as at the said date, under and by virtue of any 55
    such regulation. order, rule, bylaw or provision.
    6 No. I S450 GOVERNMENT GAZETTE. 21 NOVEMBER 1997
    Act No. 64.1997 STATE OF EMERGENCY ACT, 1997
    Repeal of Act 86 of 1995
    5. The Sbte of Emergency Act, 1995, is hereby repealed.
    Short title
    6. This Act shall be called the State of Emergency Act, 1997.

    and once again the above then links to the below

    DEFENCE ACT 44 OF 1957 (very interesting read to the least)
    http://www.dod.mil.za/documents/acts/defence%20act44of1957.pdf (202 pages) so forgive me for not pasting it here

    CHAPTER IV THE CITIZEN FORCE (ss 16-31)

    CHAPTER V COMMANDOS (ss 32-45)

    92 Mobilization of Citizen Force, Reserve and commandos for the
    combating of terrorism, internal disorder or other emergency

    148 Restitution or confiscation of property

    Reply
    • 4th June 2018 at 5:46 am
      Permalink

      I agree they are unlikely to use a state of emergency. They’re more likely to do things underhanded.

      Reply

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