Attorney’s word of caution

According to attorney Ulrich Roux, there are some very specific requirements which have to be met before the military can be deployed within the country’s borders.

“Section 19 of the Defence Act provides for strict requirements of deploying the military,” he said.

“Section 19(2) requires the minister of defence to give notice of the deployment by notice in the Government Gazette within 24 hours of the commencement of the deployment. This is an additional requirement to the notice the president needs to give to parliament. Section 19(3) then sets out strict procedures and criteria that must be met for such a deployment, stating that:

Service in cooperation with the South African Police Service: (a) may only be performed in such area or at such place as the president may order at the request of the minister and the minister of safety and security; … (c) must be performed in accordance with: (i) a code of conduct and operational procedures approved by the minister; (ii) such guidelines regarding: (aa) cooperation between the defence force and the South African Police Service; and (bb) coordination of command over and control of members of the defence force and the South African Police Service, as the chief of the defence force and the national commissioner of the South African Police Service may determine.”

Roux believes “it would be more economically beneficial for South Africa as country to improve the South African Police Service than deploy the army.

“In deploying, this will only assist in the short-term problem, whereas ensuring the police service is properly funded and maintained will benefit the community at large in the long term. It should also be cautioned from establishing something that seems like a military regime.” –