Strengthening cybersecurity through supply chain management : legislative gaps and procurement risk for the South African National Defence Force

Abstract

The South African Constitution was then adopted in 1996 with its preamble stating that the country is to “…build a united and democratic South Africa that can take its rightful place as a sovereign state in the family of nations…”. The Constitution is the supreme law, and any other law inconsistent with it is invalid. The obligations imposed by the Constitution must be fulfilled diligently and without delay. Section 200(2) of the Constitution states that “…the primary object of the defence force is to defend and protect the Republic, its territorial integrity and its people in accordance with the constitution and the principles of international law regulating the use of force.” This section put an obligation on the South African National Defence Force (hereafter SANDF) to defend and protect South African territory and its people. Further to this the National Cyber Security Policy Framework states that the “…[D]epartment of Defence has the overall responsibility for coordination, accountability and implementation of cyber defence measures in the Republic as an integral part of its national defence mandate.” When we look closely at the composition of the Department of Defence, it consists of the “…civilian Secretary of Defence contemplated in section 204 of the Constitution to function under the direction of the cabinet responsible for the defence..,” the Chief SANDF who is the military commander of the SANDF appointed by the President, responsible for the management and administration of the SANDF under the authority of the President, and the auxiliary services.