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



Chapter 2—Bill of Rights

A declaration of a state of emergency, and any legislation enacted or other action taken in consequence of that declaration, may be effective only —

prospectively; and 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.

Any competent court may decide on the validity of —

a declaration of a state of emergency; any extension of a declaration of a state of emergency; or any legislation enacted, or other action taken, in consequence of a declaration of a state of emergency.

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 —

the derogation is strictly required by the emergency; and the legislation —

is consistent with the Republic’s obligations under international law applicable to states of emergency; conforms to subsection (5); and is published in the national Government Gazette as soon as reasonably possible after being enacted.

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 —

indemnifying the state, or any person, in respect of any unlawful act; any derogation from this section; or 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.