Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/89



Chapter 11—Security Services

Governing principles

The following principles govern national security in the Republic:

National security must reflect the resolve of South Africans, as individuals and as a nation, to live as equals, to live in peace and harmony, to be free from fear and want and to seek a better life. The resolve to live in peace and harmony precludes any South African citizen from participating in armed conflict, nationally or internationally, except as provided for in terms of the Constitution or national legislation. National security must be pursued in compliance with the law, including international law. National security is subject to the authority of Parliament and the national executive.

Establishment, structuring and conduct of security services

The security services of the Republic consist of a single defence force, a single police service and any intelligence services established in terms of the Constitution.

The defence force is the only lawful military force in the Republic.

Other than the security services established in terms of the Constitution, armed organisations or services may be established only in terms of national legislation.

The security services must be structured and regulated by national legislation.

The security services must act, and must teach and require their members to act, in accordance with the Constitution and the law, including customary international law and international agreements binding on the Republic.

No member of any security service may obey a manifestly illegal order.

Neither the security services, nor any of their members, may, in the performance of their functions —

prejudice a political party interest that is legitimate in terms of the Constitution; or further, in a partisan manner, any interest of a political party.