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Civilian Secretariat for Police Service Act, 2011 (Act No. 2 of 2011)

Chapter 3 : Secretary for Police Service

8. Duties and functions

 

(1) The Secretary—
(a) is responsible for the performance of the functions of the Civilian Secretariat and, for this purpose, is the—
(i) head and accounting officer of the Civilian Secretariat; and
(ii) adviser to the Minister on police and policing policy matters;
(b) takes all decisions relating to the functions of the Civilian Secretariat referred to in section 6;
(c) performs any function assigned to the Civilian Secretariat in terms of this Act or any other Act or memoranda of understanding or agreement referred to in section 6(1)(g);
(d) monitors and evaluates the activities and performance of the Civilian Secretariat; and
(e) ensure the effectiveness and efficiency of the Civilian Secretariat.

 

(2) As head and accounting officer of the Civilian Secretariat, the Secretary is responsible for the—
(a) administration and management of the budget of the Civilian Secretariat;
(b) proper and diligent implementation of the Public Finance Management Act, 1999 (Act No. 1 of 1999);
(c) development and organisation of an efficient administration within the Civilian Secretariat;
(d) establishment of the staff component in accordance with the laws governing the public service; and
(e) appointment of such staff as may be necessary to enable the Civilian Secretariat to perform its functions in terms of this Act.

 

(3) As adviser to the Minister, the Secretary must—
(a) oversee, and advise the Minister on, the implementation of policy directives or instructions issued or made by the Minister;
(b) provide the Minister with the necessary support service to ensure compliance with relevant international obligations;
(c) monitor utilisation of the budget of the police service to ensure compliance with any policy directives or instructions of the Minister;
(d) present legislation in Parliament as determined by the Minister;
(e) perform such functions as the Minister may consider necessary or expedient to ensure police civilian oversight; and
(f) any other function assigned to the Secretary as may be determined by the Minister.

 

(4) The Secretary must, in consultation with the Minister and subject to the laws governing the public service, appoint employees, either full-time or part-time, to the Civilian Secretariat to assist the Secretary to perform the functions or exercise the powers of the Civilian Secretariat, or both, as may be necessary.

 

(5) The provisions of this section, in so far as it relates to the Secretary as accounting officer of the Civilian Secretariat, will only come into operation when the Civilian Secretariat becomes a designated department.