Defence Act, 2002 (Act No. 42 of 2002)Chapter 4 : Law Enforcement Powers of Defence Force at Sea22. Criminal and civil law enforcement by Defence Force |
| 1) | If requested by a competent Minister, the Chief of the Defence Force, with the concurrence of the Minister of Defence, may authorise the use of any military aircraft of the Defence Force or any warship of the Defence Force or any member of the Defence Force for the purpose of enforcing any provision of South African law at sea. |
| 2) | An officer on board an aircraft or a warship contemplated in subsection (1) may enforce South African law in— |
| a) | the internal waters of the Republic; |
| b) | the territorial waters of the Republic, but any measures taken must be carried out in accordance with paragraphs 3, 4 and 5 of article 27, and paragraphs 2 and 3 of article 28, of UNCLOS; and |
| c) | subject to subsection (3), outside the territorial waters of the Republic. |
| 3) | No enforcement outside the territorial waters of the Republic may take place— |
| a) | in the territorial waters of a foreign state, unless it takes place on board a South African ship or in pursuance of an agreement on co-operation in law enforcement with that state; and |
| b) | against foreign ships or those on board them, except in circumstances permitted by international law. |
| 4) | An officer of the Defence Force acting in accordance with subsection (2)— |
| a) | who exercises any power referred to in this section inside or outside the Republic, must be regarded as being a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act 51 of 1977), and may exercise such power in the same manner as a peace officer exercising such powers within the Republic; |
| b) | may exercise all other powers referred to in this Chapter; and |
| c) | may exercise all or any of the powers conferred on any enforcement authority in terms of the relevant legislation, the provisions of which are being enforced by the said officer. |
| 5) | This section does not affect powers contemplated in sections 25, 26, 27 and 28, or any other matters which are within the original and exclusive jurisdiction of the Defence Force. |