This chapter deals with the police, army and intelligence services and states how they must work in order to secure the state. This chapter also requires security services to operate in a manner that does not violate important constitutional values and principles.
Security services consist of one defence force, a police service and an intelligence service. No other army apart from the South African army will be allowed. National security is controlled by Parliament and the National Executive. The President, as commander-in-chief of the Defence Force, must appoint a military command for the defence force and a national commissioner for the police. These services, along with the intelligence services, are responsible to designated Cabinet ministers.
The security services must follow the law and the Constitution, and any international documents signed by South Africa. They are there to protect the people and the country. They are not allowed to act for or against a political party.
Section 199(6) of the Constitution states that a manifestly illegal order may be disobeyed. This is in reaction to the defence raised by many apartheid national security operatives who claimed that they were merely following orders. This clause is modelled after the German constitution where similar claims were made by those who committed crimes during World War 2 and the Holocaust.