Defence Act, 2002 (Act No. 42 of 2002)

Chapter 5 : Military Police

31. Functions of military police officials

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1)For purposes of enforcing this Act or any other law, including the common law in so far as it applies to the Department, any member, employee or property of the Department, or to any person, area, land, premises or property under the protection or control of the Department, a military police official may at any time and in any place perform any police function, which includes—
a)the prevention and combating of crime;
b)the investigation of any offence or alleged offence; and
c)the maintenance of law and order.

 

2)A military police official, when performing any function contemplated in subsection (1)—
a)has the same powers and duties as may be conferred on or are imposed by law upon a member of the South African Police Service;
b)is liable in respect of acts done or omitted to the same extent as he or she would have been, had he or she been a member of the South African Police Service; and
c)has the benefit of all indemnities to which a member of the South African Police Service would in like circumstances be entitled.

 

3)For purposes of this section, every statutory provision which confers any power or imposes any duty upon a member of the South African Police Service—
a)holding a specified rank or office, must be construed as a reference to the military rank of office equivalent to such rank or office; and
b)who is the National Commissioner of the South African Police Force, must be construed as a reference to the Chief of the Defence Force and, in the case of a provincial commissioner, to an officer designated by the Chief of the Defence Force for such purposes.

 

4)Nothing in this section may be construed as giving a member of the South African Police Service any power to exercise command or control over any military police official and, conversely, as giving a military police official any power to exercise command or control over any member of the South African Police Service.

 

5)Section 217 of the Criminal Procedure Act, 1977 (Act 51 of 1977), applies with the necessary changes to a confession made to a military police official in the performance of any function contemplated in this section.

 

6)
a)Any civilian arrested by a military police official must be handed over to the South African Police Service without delay.
b)Any person subject to the provisions of the Code and the Military Discipline Supplementary Measures Act, 1999 (Act 16 of 1999), must be dealt with in accordance with those provisions.

 

7)A military police official who exercises any power referred to in this Chapter must be regarded as being a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act 51 of 1977).