Statistics Act, 1999
R 385
South African Police Service Act, 1995 (Act No. 68 of 1995)Chapter 9 : Appointments, Terms and Conditions of Service and Termination of Service43. Suspension while in detention or imprisoned |
| (1) | Subject to section 36, a member who is in detention or is serving a term of imprisonment shall be deemed to be suspended from the Service for the period during which he or she is so detained or is serving such term of imprisonment. |
| (2) | A member referred to in subsection (1) shall, unless the National or Provincial Commissioner otherwise directs, not be entitled for the applicable period to any salary, wages, allowances, privileges or benefits to which he or she would otherwise be entitled as a member. |
| (3) | Where a member— |
| (a) | is detained pending the outcome of criminal proceedings against him or her and such member is subsequently found not guilty on all charges or is convicted but such conviction is subsequently set aside; or |
| (b) | serves a term of imprisonment which is subsequently set aside, |
such member may make representations to the National or Provincial Commissioner that any salary, wages, allowances, privileges or benefits forfeited by him or her under subsection (2), be restored to him or her.
| (4) | The National or Provincial Commissioner may, in the circumstances contemplated in subsection (3), mero motu or after consideration of any representations received from a member, determine that any forfeited salary, wages, allowances, privileges or benefits be restored to such member. |
