Chapter 2: Bill of Rights
The first extension of the state of emergency must be by a resolution adopted
with a supporting vote of a majority of the members of the Assembly. Any
subsequent extension must be by a resolution adopted with a supporting
vote of at least 60 per cent of the members of the Assembly. A resolution in
terms of this paragraph may be adopted only following a public debate in the
Assembly.
(3) Any competent court may decide on the validity of—
(a) a declaration of a state of emergency;
(b) any extension of a declaration of a state of emergency; or
(c) any legislation enacted, or other action taken, in consequence of a declaration
of a state of emergency.
(4) Any legislation enacted in consequence of a declaration of a state of emergency may
derogate from the Bill of Rights only to the extent that—
(a) the derogation is strictly required by the emergency; and
(b) the legislation—
(i) is consistent with the Republic’s obligations under international law
applicable to states of emergency;
(ii) conforms to subsection (5); and
(iii) is published in the national Government Gazette as soon as reasonably
possible after being enacted.
(5) No Act of Parliament that authorises a declaration of a state of emergency, and
no legislation enacted or other action taken in consequence of a declaration, may
permit or authorise—
(a) indemnifying the state, or any person, in respect of any unlawful act;
(b) any derogation from this section; or
(c) any derogation from a section mentioned in column 1 of the Table of NonDerogable Rights, to the extent indicated opposite that section in column 3 of
the Table.
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