| (1) |
Appointment certificates |
| (a) |
The Secretary must issue a member of the Civilian Secretariat with a certificate of appointment either in a format substantively corresponding to Form A or Form B, with the member’s photograph affixed thereto. |
| (b) |
The Secretary may issue a certificate of appointment corresponding to Form A where the member is required to perform core functions of the Civilian Secretariat and which requires access to classified information. |
| (c) |
The Secretary may issue a certificate of appointment corresponding to Form B where the member is required to perform administrative or support functions. |
| (d) |
Notwithstanding the provisions of sub-paragraphs (b) and (c), the Secretary has the discretion to issue a certificate corresponding to either Form A or Form B as he or she may consider appropriate. |
| (e) |
The Secretary must sign the certificate and certify that the member is appointed as a member of the Civilian Secretariat and such certificate shall be prima facie proof of such appointment. In the case of the Secretary, the Minister must sign the certificate. |
| (f) |
The head of a provincial secretariat must issue a member with a certificate of appointment in a format substantively corresponding to either Form C or Form D as he or she may consider appropriate, with the member’s photograph affixed thereto. |
| (g) |
The head of the provincial secretariat must sign the certificate and certify that the member has been appointed as a member of the provincial secretariat and such certificate shall be prima facie proof of such appointment. In the case of the head of the provincial secretariat, the relevant MEC must sign the certificate. |
| (h) |
A member of the Civilian Secretariat or provincial secretariat must, while performing monitoring and evaluation functions at premises of the police service, at all times be in possession of his or her appointment certificate. |
| (i) |
If a member is alleged to have misused his or her appointment certificate, the certificate may be immediately withdrawn provisionally by the Secretary in the case of a member of the Civilian Secretariat, or by the head of provincial secretariat in the case of a member of the provincial secretariat, pending the outcome of a disciplinary process. |
| (j) |
Where a member who is issued with an appointment certificate corresponding to either Form A or Form C is found guilty of misusing his or her appointment certificate following due process, the Secretary or the head of the provincial secretariat, as the case may be, may issue a new appointment certificate corresponding to either Form B or Form D: |
Provided that where a dismissal sanction is imposed, the appointment certificate must be permanently withdrawn.
| (k) |
Where a member who is issued with an appointment certificate corresponding to either Form B or Form D is found guilty of misusing his or her appointment certificate following due process, the Secretary or the head of the provincial secretariat, as the case may be, may restore the appointment certificate if no sanction of dismissal was imposed on the member. |
Members of the Civilian Secretariat and the provincial secretariat must undergo a security screening conducted by State Security Agency in accordance with the provisions of section 2A of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994) on the category or level as determined by the Secretary, in the case of the Civilian Secretariat, or the head of a provincial secretariat, in the case of a provincial secretariat.
A disciplinary proceeding that is to be initiated against a member of the Civilian Secretariat or the provincial secretariat for alleged misconduct must be conducted in accordance with the Public Service Disciplinary Code.
Special Investigating Units and Special Tribunals Act, 1996
