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 Service14. Interviewing of members of the police service |
| (1) | In carrying out the mandate of the Civilian Secretariat or provincial secretariat, the Secretary or a head of provincial secretariat may, through the National or the Provincial Commissioner, request the presence of a member of the police service for an interview. |
| (2) | During the interview, the member of the police service must— |
| (a) | provide such information, either in writing or orally, as may be required; and |
| (b) | produce any document in his or her possession or under his or her control which the Secretary or head of provincial secretariat deems necessary: |
Provided that the information or document is necessary to enable the Civilian Secretariat or a provincial secretariat to compile an oversight report.
| (3) | Any member of the police service who is required to attend an interview must, depending on the circumstances, be given reasonable notice either orally or in writing of the nature and purpose of the interview and the date, place and time thereof. |
| (4) | The Secretary or a head of a provincial secretariat may direct any member of the police service to provide required documentation at a determined place and time and the direction must also contain the nature of purpose and the document sought. |
| (5) | The Secretary or a head of a provincial secretariat shall be responsible for ensuring that any document received from the police are duly recorded and kept in safe custody. |
| (6) | Any refusal by a member of the police service to co-operate with the Civilian Secretariat or the provincial secretariat in terms of this regulation may be brought to the attention of the National Commissioner or Provincial Commissioner, as the case may be, for resolution. |
| (7) | In the event that the refusal referred to in sub-regulation (6) is not resolved by the National or Provincial Commissioner, the matter must be referred to the Minister or the MEC, as the case may be, in which case the decision of the Minister or the MEC shall be final and binding on the police service. |
| (8) | Any member of the police service who, without lawful justification, fails to comply with a request to be interviewed or to provide the required documentation, may be charged for misconduct. |
