POLICE ACT (as amended) (2) The Minister shall lay before Parliament on one of the fourteen days on which Parliament next sits after the report is received by him— (a) every annual report submitted to him in terms of paragraph (a) of subsection (1); (b) any special report submitted to him in terms of paragraph (b) of subsection (1) which the Police Service Commission requests be laid before Parliament. 59 Validity of acts and decision of Police Service Commission No decision or act of the Police Service Commission or act done under the authority of the (ii) the decision was taken or the act was done or authorized, as the case may be, by a majority of the members of the Commission referred to in paragraph (i) who were present. PART VII GENERAL 60 Commissioner may take over premises etc., in time of emergency (1) During any period of public emergency as defined in section 113 of the Constitution or in the event of any other emergency or disaster that threatens the life or well-being of the community or where there is a situation that may lead to such emergency or disaster, the Commissioner shall have power, subject to this section and any directions given to him by the Minister, to requisition or take control of any means of communication, conveyance and transport and any goods, provisions, supplies and premises: Provided that the powers conferred by this section shall not include the power to requisition or take control of, whether compulsorily or by agreement, any Communal Land or any interests in or rights over Communal Land, otherwise than in accordance with the Communal Land Act [Chapter 20:04]. (2) Notice in writing of any exercise of the power to requisition or take control of any property in terms of subsection (1) shall be served on any person who owns or possesses such property, and any such person may, if he objects to the requisitioning or taking control of the property, notify the Commissioner accordingly. September 2003 17 Police Service Commission shall be invalid solely because— (a) a person who was not entitled to do so acted as a member of the Commission when the decision was taken or the act was done or authorized; or (b) there were one or more vacancies on the Commission when the decision was taken or the act was done or authorized; if— (i) at least three members of the Commission who were entitled to take the decision or do or authorize the act were present at the time; and (3) Where the Commissioner is notified in terms of subsection (2), he shall, within thirty days thereafter, apply to the Administrative Court for a determination of his entitlement to exercise his power in terms of subsection (1) and on such application, the Administrative Court shall, unless it is satisfied that the exercise of the power is reasonably justifiable in the circumstances of any situation arising or existing during the period of public emergency or as a result of the other emergency or disaster concerned that may lead to such emergency or disaster, for the purposes of dealing with that situation order the Commissioner to return the property wherever possible. (4) When the possession of property taken under subsection (1) is no longer reasonably justifiable as referred to in subsection (3), it shall, wherever possible, be promptly returned in the condition in which it was at the time it was taken. (5) Fair compensation shall be paid within a reasonable time for the taking of possession of property under subsection (1) and, where appropriate, for any failure to return the property in terms of subsection (3) or (4) or for any damage to the property. (6) The owner or any other person entitled to the return of property in terms of subsection (4) or to compensation in terms of subsection (5) may apply to the Administrative Court for the prompt return of the property or for the determination of his right to or the amount of any such compensation and the Court shall make such order in respect thereof as it thinks fit. (7) Parts V and VIII of the Land Acquisition Act [Chapter 20:10] shall apply, mutatis mutan[Chapter 11:10]

Select target paragraph3

Add to table of contents