Statistics Act, 1999
R 385
South African Police Service Act, 1995 (Act No. 68 of 1995)Chapter 4 : Commissioners8. Loss of confidence in National or Provincial Commissioner |
| (1) | If the National Commissioner has lost the confidence of the Cabinet, the President may establish a board of inquiry consisting of a judge of the Supreme Court as chairperson, and two other suitable persons, to— |
| (a) | inquire into the circumstances that led to the loss of confidence; |
| (b) | compile a report; and |
| (c) | make recommendations. |
| (2) |
| (a) | If a Provincial Commissioner has lost the confidence of the Executive Council, the member of the Executive Council may notify the Minister of such occurrence and the reasons therefor. |
| (b) | The Minister shall, if he or she deems it necessary and appropriate, refer the notice contemplated in paragraph (a) to the National Commissioner. |
| (c) | The National Commissioner shall, upon receipt of the notice, establish a board of inquiry consisting of not more than three persons, of which the chairperson shall, subject to paragraph (d), be a person who, for at least 10 years after having qualified as an advocate or an attorney, practised as such, to— |
| (i) | inquire into the circumstances that led to the loss of confidence; |
| (ii) | compile a report; and |
| (iii) | make recommendations. |
| (d) | The National Commissioner may appoint any other person suitably qualified in law as chairperson of the board of inquiry. |
| (3) |
| (a) | The President or National Commissioner, as the case may be, may, after hearing the Commissioner concerned, pending the outcome of the inquiry referred to in subsection (1) or (2)(c), suspend him or her from office. |
| (b) | A Commissioner who is suspended from office under paragraph (a), shall, during the period of such suspension, be entitled to any salary, allowance, privilege or benefit to which he or she is otherwise entitled as a member, unless the President or the National Commissioner, as the case may be, determines otherwise. |
| (4) | If a board of inquiry is established under subsection (1) or (2)(c), the Commissioner concerned shall be notified thereof in writing, and thereupon he or she may— |
| (a) | be assisted or represented by another person or legal representative; |
| (b) | make written representations to the board; |
| (c) | be present at the inquiry; |
| (d) | give evidence thereat; |
| (e) | cross-examine witnesses not called by him or her; |
| (f) | be heard; |
| (g) | call witnesses; and |
| (h) | have access to documents relevant to the inquiry. |
| (5) | The board of inquiry shall determine its own procedure. |
| (6) |
| (a) | At the conclusion of the inquiry, the board shall submit its report to— |
| (i) |
| (aa) | the President, in the event of an inquiry under subsection (1); or |
| (bb) | the National Commissioner, the member of the Executive Council and the standing committee of the provincial legislature responsible for safety and security affairs, in the event of an inquiry under subsection (2); |
| (ii) | the Commissioner concerned; and |
| (iii) | the Parliamentary Committees. |
| (b) | The report referred to in paragraph (a) may recommend that— |
| (i) | no action be taken in the matter; |
| (ii) | the Commissioner concerned be transferred to another post or be employed additional to the fixed establishment; |
| (iii) | his or her salary or rank or both his or her salary and rank be reduced; |
| (iv) | action be taken against him or her in accordance with subparagraphs (ii) and (iii); |
| (v) | he or she be removed from office; or |
| (vi) | any other appropriate steps (including the postponement of any decision by the President or the National Commissioner, as the case may be, for a period not exceeding 12 calendar months) be taken. |
| (7) | The President or the National Commissioner, as the case may be, may, upon receipt of a recommendation contemplated in subsection (6), remove the Commissioner concerned from office, or take any other appropriate action: Provided that, if the President or the National Commissioner, as the case may be, postpones his or her decision for a period, he or she shall, at the end of such period, request the same board of inquiry, or a similar board established for that purpose, to compile a new report and to make a new recommendation after having considered the conduct of the Commissioner concerned during such period. |
| (8) | If a Provincial Commissioner has lost the confidence of the National Commissioner, the provisions of subsections (2)(c) and (d), (3), (4), (5), (6) and (7) shall apply mutatis mutandis. |
| (9) | In the event of a Commissioner being removed from office following on an inquiry in accordance with a finding of a loss of confidence in such a Commissioner, or in accordance with a finding of a loss of confidence referred to in section 9(3), his or her term of office shall be deemed to have expired on the date immediately preceding the date on which such removal from office takes effect. |
