Constitution of the Republic of South Africa, 1996
Establishment, structuring and conduct of security services
- Jurisdiction
- South Africa
- Provision
- 199
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source(1) 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.
(2) The defence force is the only lawful military force in the Republic.
(3) Other than the security services established in terms of the Constitution, armed
organisations or services may be established only in terms of national legislation.
(4) The security services must be structured and regulated by national legislation.
(5) 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.
(6) No member of any security service may obey a manifestly illegal order.
(7) Neither the security services, nor any of their members, may, in the performance of
their functions—
(a) prejudice a political party interest that is legitimate in terms of the
Constitution; or
(b) further, in a partisan manner, any interest of a political party.
(8) To give effect to the principles of transparency and accountability, multi-party
parliamentary committees must have oversight of all security services in a manner
determined by national legislation or the rules and orders of Parliament.
Defence
Source record
Source and verification
Constitution of the Republic of South Africa, 1996 · justice.gov.za · Retrieved 17 August 2026.
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