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]
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