State Of Emergency Act, 1997
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State Of Emergency Act, 1997
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. 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. During a state of emergency the President has the power to make emergency regulations "necessary or expedient" to restore peace ...
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State Of Emergency
A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state during a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk. ''Justitium'' is its equivalent in Roman law—a concept in which the Roman Senate could put forward a final decree (''senatus consultum ultimum'') that was not subject to dispute yet helped save lives in times of strife. Relationship with international law Under international law, rights and freedoms may be suspended during a state of emergency, depending on the severity of the emergency and a government's policies. Use and viewpoints Though fairly uncommon in democracies, dictatorship, dictatorial regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime, or for extended periods of t ...
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President Of South Africa
The president of South Africa is the head of state and head of government of the Republic of South Africa. The president heads the executive branch of the Government of South Africa and is the commander-in-chief of the South African National Defence Force. Between 1961 and 1994, the office of head of state was the State President of South Africa, state presidency. The president is elected by the National Assembly of South Africa, National Assembly, the lower house of Parliament of South Africa, Parliament, and is usually the leader of the largest party, which has been the African National Congress since the first multiracial election was held on 27 April 1994. The Constitution limits the president's time in office to two five-year terms. The first president to be elected under the new constitution was Nelson Mandela. The incumbent is Cyril Ramaphosa, who was elected by the National Assembly of South Africa, National Assembly on 15 February 2018 following the resignation of J ...
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Proclamation
A proclamation (Lat. ''proclamare'', to make public by announcement) 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. A proclamation is (usually) a non-binding notice. A general distinction is made between official proclamations from states or state organs with a binding character and proclamations from political-social groups or organizations, both of which try to win over the mood of those addressed. In addition, the procedure of proclaiming the beginning of a rule over a certain ruling territory is called a proclamation. For example, on July 26, 1581, the Proclamation of Dutch Independence was signed which led to the creation of the Dutch Republic in 1588, formally recognized in 1648 by the Peace of Münster. The announcement of the intention to marry two people, the bidding, was referred to ...
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Government Gazette Of South Africa
The ''Government Gazette'' ( af, Staatskoerant) 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. Published material The ''Gazette'' includes proclamations by the President as well as both general and government notices made by its various departments. It publishes regulations and notices in terms of acts, changes of names, company registrations and deregistrations, financial statements, land restitution notices, liquor licence applications and transport permits. Board and legal notices are also published in the ''Gazette''; these cover insolvencies, liquidation and estate notices. Note that certain publishers such as Juta and Butterworths publish legislation in South Africa. Location The current location of the government printing works is 149 Bosman Street, Pretoria, South Africa South Africa, officially the Republic of Sou ...
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National Assembly Of South Africa
The National Assembly is the directly elected house of the Parliament of South Africa, located in Cape Town, Western Cape. 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 nine provincial lists and the remaining half from national lists so as to restore proportionality. The National Assembly is presided over by a Speaker, assisted by a Deputy Speaker. The current Speaker is Nosiviwe Mapisa-Nqakula who previously served as the Minister of Defence and Military Veterans. She was elected on 19 August 2021. The Deputy Speaker is Solomon Lechesa Tsenoli who has served in the post since his election on 21 May 2014. The National Assembly chamber was destroyed in a fire in January 2022. National Assembly sittings will now be held in the old Good Hope Chamber, which is within the precincts of parliament. Allocation The National Assembly seats are allocated ...
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High Courts Of South Africa
The High Court of South Africa is a superior court of law in South Africa. It is divided into nine provincial divisions, some of which sit in more than one location. Each High Court division has general jurisdiction over a defined geographical area in which it is situated. The decisions of a division are binding on magistrates' courts within its area of jurisdiction. The High Court has jurisdiction over all matters, but it usually only hears civil matters involving more than 400,000 rand, and serious criminal cases. It also hears any appeals or reviews from magistrates' courts and other lower courts. The court and its divisions are constituted in their current form by the Superior Courts Act, 2013. They replaced the previous separate High Courts, which had in 1997 replaced the provincial and local divisions of the former Supreme Court of South Africa and the supreme courts of the TBVC states ("Bantustans" created by the apartheid government in the 1950s). Important officers i ...
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Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ...
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Bill Of Rights (South Africa)
Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law, and bind all branches of the government, including the national executive, Parliament, the judiciary, provincial governments, and municipal councils. Some provisions, such as those prohibiting unfair discrimination, also apply to the actions of private persons. South Africa's first bill of rights was drafted primarily by Kader Asmal and Albie Sachs in 1988 from Asmal's home in Dublin, Ireland. The text was eventually contained in Chapter 3 of the transitional Constitution of 1993, which was drawn up as part of the negotiations to end apartheid. This "interim Bill of Rights", which came into force on 27 April 1994 (the date of the first non-racial election), was largely limited to civil and political rights (negative r ...
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Parliament Of South Africa
The Parliament of the Republic of South Africa is South Africa's legislature; under the present Constitution of South Africa, the bicameral Parliament comprises a National Assembly and a National Council of Provinces. The current twenty-seventh Parliament was first convened on 22 May 2019. From 1910 to 1994, members of Parliament were elected chiefly by the South African white minority. The first elections with universal suffrage were held in 1994. Both chambers held their meetings in the Houses of Parliament, Cape Town that were built 1875–1884. A fire broke out within the buildings in early January 2022, destroying the session room of the National Assembly. The National Assembly will temporarily meet at the Good Hope Chamber. History Before 1910 The predecessor of the Parliament of South Africa, before the 1910 Union of South Africa, was the bicameral Parliament of the Cape of Good Hope. This was composed of the House of Assembly (the lower house) and the Legislati ...
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Provincial Legislature (South Africa)
In South Africa, a provincial legislature is the legislative branch of the government of a province.'' Chapter 6: Provinces'', Constitution of the Republic of South Africa, 1996. 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. History The original four provinces of South Africa (the provinces that existed from 1910 to 1994) had provincial councils elected by the white population of the provinces. The provincial councils were weak; they appointed an executive council (a provincial cabinet) but could not appoint or remove the Administrator (the executive head) of the province. The Administrators were chosen by the Governor-General (before 1961) or the State President (after 1961). The provincial councils' legislative powers were also strictly limited to specific topics. In 1986 the national Parliament abolished the provincial councils entirel ...
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South African Legislation
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz'' ("south"), possibly related to the same Proto-Indo-European root that the word ''sun'' derived from. Some languages describe south in the same way, from the fact that it is the direction of the sun at noon (in the Northern Hemisphere), like Latin meridies 'noon, south' (from medius 'middle' + dies 'day', cf English meridional), while others describe south as the right-hand side of the rising sun, like Biblical Hebrew תֵּימָן teiman 'south' from יָמִין yamin 'right', Aramaic תַּימנַא taymna from יָמִין yamin 'right' and Syriac ܬܰܝܡܢܳܐ taymna from ܝܰܡܝܺܢܳܐ yamina (hence the name of Yemen, the land to the south/right of the Levant). Navigation By convention, the ''bottom or down-facing side'' of a ...
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