SA Constitution allows president to deploy soldiers inside country

The Constitution does allow for the president to deploy the South African National Defence Force (SANDF) inside the country, including in support of police operations.

This comes after Wednesday's raids by soldiers and police in the south of Johannesburg.

Armoured vehicles moved through areas including Eldorado Park and Riverlea, searching properties for contraband and illegal firearms.

The operation forms part of the government’s broader efforts to tackle crime in some of Gauteng’s most affected communities.

ALSO READ:

DA's Ian Cameron seeks clarity on legality of SANDF deployment

Analyst on SANDF deployment: Soldiers should not be doing the police's work

SANDF and SAPS launch high-impact raids across southern Johannesburg

Questions about the legal basis of the deployment emerged after the Democratic Alliance (DA)'s Parliamentary Portfolio Committee on Police chairperson, Ian Cameron, said that Parliament had not approved any new SANDF mission targeting gang-related crime.

“I have written urgently to the National Commissioner to ask him for clarity on the legal basis of the deployment, the command structure, the rules of engagement. South Africans desperately need safer communities, but this must happen within clear and legal frameworks.”

However, the Constitution states that the president may employ the defence force, in cooperation with the police service, to preserve life, health or property and maintain law and order.

It further requires that Parliament be informed promptly of the reasons for the deployment, where troops are sent, and how long they are expected to remain there.