Section 7: Saving in respect of certain acts
consolidated text (as at 1991). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
7. Saving in respect of certain acts
(1) Nothing in this Part shall extinguish or abridge any power or authority
which, if this Act had not been passed, would have been exercisable by virtue of the prerogative of the State or any power or authority conferred on
the State by an enactment, and, in particular, nothing in this Part shall extinguish or abridge any power or authority exercisable by the State, in time of
peace or of war, for the purpose of the defence of the Republic or of training, or maintaining the efficiency of, any of the armed forces of the State.
(2) Where, in any proceedings under this Act, it is material to determine
whether anything was properly done, or omitted to be done, in the exercise
of the prerogative of the State, the President may, where he is satisfied that
the act or omission was necessary for a purpose mentioned in subsection (1), issue a certificate to the effect that the act or omission was necessary for that purpose, and the certificate shall in those proceedings be conclusive as to the matter so certified.
[S. 7 amended by Act 48 of 1991.]
PART II – JURISDICTION AND PROCEDURE