The Role of our SANDF Today
By Jolane van der Walt-Nieuwoudt (LLB) (LLM)
Section 200(2) of the Constitution of the Republic of South Africa, 1996 states that “the primary object of the defence force is to defend and protect the Republic, its territorial integrity and its people in accordance with the Constitution and the principles of international law regulating the use of force”.
The SANDF is a powerful lever of power that the State can call upon to address national security and foreign policy priorities.
The Constitution and the Defence Act, 42 of 2002, provide the framework for governing the SANDF, which comprises the South African Army, Air Force, Navy, and Military Health Service.
The SANDF, together with the South African Police Services (SAPS), can be deployed under specific circumstances to assist with various functions in terms of sections 18-20 of the Defence Act:
- for service in the defence of the Republic, for the protection of its sovereignty and territorial integrity;
- for service in compliance with the international obligations of the Republic with regard to international bodies and other states;
- for service in the preservation of life, health or property;
- for service in the provision or maintenance of essential services;
- for service in the upholding of law and order in the Republic in cooperation with the South African Police Service under circumstances set out in law where the Police Service is unable to maintain law and order on its own; and
- for service in support of any department of state for the purpose of socio-economic upliftment.
It is important to note that the Defence force’s powers and duties may only be exercised or performed for the purposes of:
- the successful execution of that employment,
- the prevention of crime,
- maintenance of law and order, or
- the preservation of the internal security of the Republic of South Africa.
While the South African Police Service retains the primary responsibility for upholding and enforcing the law, the SANDF may provide support when necessary.
When working with the SAPS, SANDF members have the same powers and authority as the SAPS, except for investigating crimes.
The SANDF is well-equipped, well-resourced, and trained to operate across a wide range of potential conflicts. When other instruments of the State are unable to protect or defend South Africa, the SANDF provides a last resort to ensure the country’s safety and security.
The SANDF is an essential component of the country’s security infrastructure and plays a critical role in safeguarding South Africa’s people, territory, and national interests. We salute our Soldiers as the 21st of February approaches (National Armed Forces Day).
