Special Investigating Units and Special Tribunals Act, 1996
R 385
Civilian Secretariat for Police Service Act, 2011 (Act No. 2 of 2011)RegulationsCivilian Secretariat for Police Service Regulations, 2016Chapter 4 : Access to Premises and Information under control of Police Service13. Access to premises and information |
| (1) | The Secretary and a head of a provincial secretariat and any authorised member of the Civilian Secretariat or a provincial secretariat may, under section 9 of the Act, enter premises, inspect documentation and obtain information under the control of the police service that is necessary for the performance of the oversight mandate and matters related thereto. |
| (2) | The relevant members of the police service must provide full assistance and access to information and premises under the control of the police service: Provided that the Secretary or a head of a provincial secretariat, as the case may be, must— |
| (a) | in the case of a classified document or information inform the National Commissioner or the Provincial Commissioner reasonably in advance of the request for such document or information; and |
| (b) | in the case of information not classified, be immediately provided access to the document or to the premises without prior notification. |
| (3) | Where the police service refuses access to policing information or access to premises under its control, the refusal may be referred to the Minister, or the relevant MEC in the case of a province, who shall intervene and give directives to the National Commissioner or Provincial Commissioner as he or she deems necessary and appropriate under the circumstances. |
| (4) | Any member of the police service who, without lawful justification, refuses to provide access or reasonable assistance to an authorised member of the Civilian or a provincial secretariat may be reported for misconduct. |
| (5) | Any authorised member of the Civilian Secretariat or provincial secretariat may enter any premises under the control of the police to inspect and request the production of any document on or in those premises which in his or her opinion is connected to, or required, in the execution of his or her functions. |
| (6) | Entering of premises to inspect or request the production of a document may only take place if— |
| (a) | the nature of the enquiry is for the purposes of performing an oversight function that the Civilian Secretariat or a provincial secretariat is required to perform; |
| (b) | it is necessary to enter the premises and to inspect the premises for documentation; and |
| (c) | there are reasonable grounds for believing that information is on or in such premises or suspected to be on or in such premises. |
| (7) | A duly authorised member of the Civilian Secretariat or a provincial secretariat may report any refusal of entry to any premises or any refusal to a request for any document to the Secretary or the head of a provincial secretariat, as the case may be, for assistance and intervention. |
| (8) | Any authorised member of the Civilian Secretariat or a provincial secretariat who requests entry to premises under the control of the police or requests documents necessary for the oversight function must— |
| (a) | identify himself or herself to the person in control of the premises; |
| (b) | produce his or her appointment certificate; is so required; and |
| (c) | provide such person at his or her request with particulars regarding his or her authority to enter premises and request any information. |
