The State of Emergency Act, 1997 is a South African act of legislation that governs the use of a declared

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 du ...

by the

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 Nationa ...

. 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 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 ...

in the ''

Government Gazette A government gazette (also known as an official gazette, official journal, official newspaper, official monitor or official bulletin) is a periodical publication that has been authorised to publish public or legal notices. It is usually establis ...

'' and may only apply from the time of publication, not retroactively. It can only continue for 21 days unless the

National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...

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 A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...

, 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 and order and end the emergency. This power can be delegated to other authorities. Emergency measures can violate the

Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...

, 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 In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...

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.

Notes

{{reflist

External links

Text of the Document
South African legislation 1997 in South African law