For the purposes of this Regulation, the following definition is inserted—
"selected posts of the SMS"
means posts in the Service from the level of Major-General to the level of Lieutenant-General (Deputy National Commissioner) and includes the posts of a Lieutenant-General (Divisional Commissioner, excluding a Provincial Commissioner) and Lieutenant-General (Deputy National Commissioner).
(1)
| (a) |
The National Commissioner must, in consultation with the Minister, appoint a selection committee to make recommendations on appointments or promotions to selected posts of the senior management service. A selection committee must consist of persons of a grading equal to or higher than the grading of the post to be filled. |
| (b) |
The selection panel for the post of Major General must consist of at least three members of the South African Police Service at the level of Major General or higher, as well as one delegate from a public service department who must be of a grading equal to or higher than the grading of the post to be filled. |
| (c) |
The selection panel of the post of Lieutenant-General (Divisional Commissioner, but excluding a Provincial Commissioner), as well as Lieutenant-General (Deputy-National Commissioner) must consist of at least three members of the South African Police Service at the level of Lieutenant General or higher, as well as one delegate from a public service department who must be of grading equal to or higher of the post to be filled. |
| (d) |
The chairperson of the selection committee must be appointed by the National Commissioner in consultation with the Minister. |
| (e) |
In the event that the head of the component within which the vacant post is located, is graded lower than the vacant post, such a head may be delegated to be a member of the selection committee. |
| (f) |
A selection committee must, where reasonably possible, include adequate representation from designated groups. |
| (g) |
Employees of a grading which is lower than the grading of the post to be filled may provide secretarial or advisory services during the selection process, but may not form part of the selection committee, except where the selection is done in terms of subregulation (e). |
| (h) |
The selection committee must make a recommendation on the suitability of a candidate after considering only— |
| (i) |
information based on valid methods, criteria or instruments for selection that are free from any bias or discrimination; |
| (ii) |
the training, skills, competence and knowledge necessary to meet the inherent requirements of the job; |
| (iii) |
the needs of the Service for developing human resources; |
| (iv) |
the representativeness of the component where the post is located; and |
| (v) |
the affirmative action programme of the Service. |
| (i) |
A selection committee must record the reasons for its recommendation with reference to the criteria mentioned in subregulation (h). |
| (j) |
The selection committee must submit its report and recommendations to the National Commissioner, and simultaneously submit a copy thereof too the Minister. |
| (k) |
Before making a decision on an appointment or promotion, the National Commissioner must do so in consultation with the Minister and after— |
| (i) |
satisfying himself or herself that the candidate qualifies in all respects for the post and that his or her claims in his or her application for the post have been verified; |
| (ii) |
ensuring that the candidate has successfully undergone and passed security vetting; and |
| (iii) |
recording all verifications in writing. |
| (l) |
When the National Commissioner does not approve a recommendation of a selection committee, he or she must record the reasons for his or her decision in writing. |
| (m) |
The National Commissioner may in consultation with the Minister promote an employee to a vacant post in the fixed establishment of the Service if— |
| (i) |
such a vacancy is sufficiently funded; and |
| (ii) |
the vacancy has been advertised and the candidate selected in accordance with regulations 46, 47 and these subregulations. |
| (n) |
Notwithstanding the provisions of subregulation (m)(ii), the National Commissioner may, upon written motivation and in consultation with the Minister, promote an employee into a post without advertising the post, and without following the selection process, if— |
| (i) |
the National Commissioner is satisfied that— |
| (aa) |
the employee qualifies in all respects for the post; |
| (bb) |
there are exceptional circumstances that warrant the deviation from the said subregulation; |
| (cc) |
such deviation is in the interest of Service; |
| (ii) |
such promotion has been recommended by the Minister for outstanding performance; and |
| (iii) |
the National Commissioner has recorded the reasons for the deviation in writing. |
| (o) |
A promotion may not come into effect before the first day of the month following the date on which the National Commissioner approved it. |
| (p) |
No employee has any right to a promotion until the promotion has been approved in writing by the National Commissioner. |
| (a) |
The National Commissioner must appoint selection committees for posts other than selected members of the senior management service, to make recommendations on appointments or promotions to posts. A selection committee must consist of at least three members of the South African Police Service of a grading equal to or higher than the grading of the post to be filled or suitable persons from outside the Service: Provided that— |
| (i) |
the chairperson of the selection committee, who must be an employee, must be of a grading higher than the post to be filled; and |
| (ii) |
in the event that the head of the component within which the vacant post is located, is graded lower than the vacant post, such a head may be a member of the selection committee. |
| (b) |
A selection committee must, where reasonably possible, include adequate representation from designated groups. |
| (c) |
Employees of a grading which is lower than the grading of the post to be filled may provide secretarial or advisory services during the selection process, but may not form part of the selection committee, except where the selection is done in terms of subregulation (a)(ii). |
| (d) |
The selection committee must make a recommendation on the suitability of a candidate after considering only— |
| (i) |
information based on valid methods, criteria or instruments for selection that are free from any bias or discrimination; |
| (ii) |
the training, skills competence and knowledge necessary to meet the inherent requirements of the job; |
| (iii) |
the needs of the Service for developing human resources; |
| (iv) |
the representativeness of the component where the post is located; and |
| (v) |
the affirmative action programme of the Service. |
| (e) |
A selection committee must record the reasons for its recommendation with reference to the criteria mentioned in subregulation (d). |
| (f) |
When the National Commissioner does not approve a recommendation of a selection committee, he or she must record the reasons for his or her decision in writing. |
| (g) |
Before making a decision on an appointment or promotion, the National Commissioner must— |
| (i) |
satisfy himself that the candidate qualifies in all respects for the post and that his or her claims in his or her application for the post have been verified; and |
| (ii) |
record that verification in writing. |
| (h) |
The National Commissioner may promote an employee to a vacant post in the fixed establishment of the Service if— |
| (i) |
such a vacancy is sufficiently funded; and |
| (ii) |
the vacancy has been advertised and the candidate selected in accordance with regulations 46, 47 and subregulations (a) to (g). |
| (i) |
A promotion may not come into effect before the first day or the month following the date on which the National Commissioner approved it. |
| (j) |
No employee has any right to a promotion until the promotion has been approved in writing by the National Commissioner. |
Statistics Act, 1999
