South African Police Service Act, 1995 (Act No. 68 of 1995)Chapter 12 : Municipal and Metropolitan Police Services64F. Powers of member of municipal police service |
| (1) | Subject to the Constitution of the Republic of south Africa, 1996 (Act No. 108 of 1996), and with due regard to the fundamental rights of every person, a member of a municipal police service may exercise such powers and shall perform such duties as are by law conferred upon or assigned to a member of a municipal police service. |
| (2) | The Minister may from time to time prescribe that any power conferred upon a member of the Service by this Act or any other law, may be exercised by a member of a municipal police service: Provided that where the power includes the power to seize an article, the member of the municipal police service shall forthwith deliver the article to a member. |
| (3) | Every member of a municipal police service is a peace officer and may exercise the powers conferred upon a peace officer by law within the area of jurisdiction of the municipality in question: Provided that a member may exercise such powers outside the area of jurisdiction if it is done— |
| (a) | in pursuit of a person whom the member reasonably suspects of having committed an offence, and if the pursuit commenced within the area of jurisdiction of the municipality; or |
| (b) | in terms of an agreement between the municipal council and another municipal council in terms of section 10C (7) of the Local Government Transition Act, 1993 (Act No. 209 of 1993). |
[Section 64F inserted by section 3 of Act No. 83 of 1998]