| (1) |
The President may, by proclamation in the Gazette, establish one or more Investigating Directorates in the Office of the National Director, in respect of such offences or criminal or unlawful activities as set out in the proclamation. |
| (2) |
Any proclamation issued in terms of this section— |
| (a) |
shall be issued on the recommendation of the Minister, the Cabinet member responsible for policing and the National Director; |
| (b) |
may at any time be amended or rescinded by the President on the recommendation of the Minister, the Cabinet member responsible for policing and the National Director; and |
| (c) |
must be submitted to Parliament before publication in the Gazette. |
| (3) |
The head of an Investigating Directorate, shall be an Investigating Director, and shall perform the powers, duties and functions of the Investigating Directorate concerned subject to the control and directions of the National Director. |
(4)
| (iii) |
officers of any Department of State seconded to the service of the Investigating Directorate in terms of the laws governing the public service; |
| (iv) |
persons in the service of any public or other body who are by arrangement with the body concerned seconded to the service of the Investigating Directorate; and |
| (v) |
any other person whose services are obtained by the head of the Investigating Directorate, |
and the persons referred to in subparagraphs (i) to (v) shall perform their powers, duties and functions subject to the control and direction of the head of the Investigating Directorate concerned.
| (b) |
For the purposes of subparagraphs (iv) and (v) of paragraph (a)— |
| (i) |
any person or body requested by the head of an Investigating Directorate in writing to do so, shall from time to time, after consultation with the head of an Investigating Directorate, furnish him or her with a list of the names of persons, in the employ or under the control of that person or body, who are fit and available to assist the head of that Investigating Directorate as contemplated in the said subparagraph (iv) or (v), as the case may be; and |
| (ii) |
such a person or body shall, at the request of, and after consultation with, the head of the Investigating Directorate concerned, designate a person or persons mentioned in the list concerned so to assist the head of the Investigating Directorate. |
[Section 7 substituted by section 3 of Act No. 56 of 2008]
Supreme Court Act, 1959
