Defence Act, 2002 (Act No. 42 of 2002)Chapter 4 : Law Enforcement Powers of Defence Force at Sea29. Co-operation with foreign states |
| 1) | Subject to subsection (2), any officer of the Defence Force serving on a warship or military aircraft of the Defence Force or any other ship or aircraft on government service specially authorised, may, in respect of any violation of the law of a foreign state— |
| a) | seize any vessel; |
| b) | arrest any person on board such vessel; |
| c) | seize any property on board such vessel; |
| d) | conduct a hot pursuit operation in relation to such vessel; |
| e) | escort such vessel to a foreign port; |
| f) | surrender such vessel, person or property to the authorities of the foreign state contemplated in paragraph (e); and |
| g) | assist in any of the actions contemplated in paragraphs (a) to (e). |
| 2) | An action contemplated in subsection (1) may only be taken— |
| a) | in pursuance of a reciprocal agreement on co-operation in law enforcement at sea between the Republic and the relevant foreign state; |
| b) | if the law enforcement measure taken, is consistent with the agreement; and |
| c) | if the relevant foreign state may take the law enforcement measures contemplated in subsection (1) (a) to (e) under international law. |
| 3) | Subsections (1) and (2) apply with the necessary changes to enforcement in respect of violations of South African or foreign law by officers of the— |
| a) | Defence Force on board a foreign warship, military aircraft or other authorised foreign vessel or aircraft; and |
| b) | armed forces of a foreign state on board a warship or military aircraft of the Defence Force or on board any other authorised South African vessel. |
| 4) | An officer contemplated in subsection (3) (b) must be regarded as being a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act 51 of 1977), when taking enforcement measures in respect of the violation of any South African law. |