Statistics Act, 1999
R 385
South African Police Service Act, 1995 (Act No. 68 of 1995)RegulationsSouth African Police Service Discipline Regulations, 20165. Nature of misconduct |
| (1) | Employee conduct that shall warrant disciplinary action is listed in regulation 5(3). |
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| (2) | In applying regulation 5(3), the employer must assess the seriousness of the alleged misconduct after considering— |
| (a) | the actual or potential impact of the alleged misconduct on the work or the image of the Service, station, unit or component of the employee, and his or her colleagues; |
| (b) | the nature of the work and responsibilities of the employee; and |
| (c) | the circumstances in which the alleged misconduct took place. |
| (3) | An employee will be guilty of misconduct if he or she — |
| (a) | fails to comply with, or contravenes an Act, regulation or legal obligation; |
| (b) | performs any act or fails to perform any act with the intention — |
| (i) | to cause harm to or prejudice the interests of the Service, be it financial or otherwise; |
| (ii) | to undermine the policy of the Service; or |
| (iii) | not to comply with his or her duties or responsibilities; |
| (c) | wilfully or negligently mismanages the finances of the State; |
| (d) | without permission possesses, uses or appropriates property of the State or property under the control of the State; |
| (e) | intentionally or negligently damages and or causes loss of State property; |
| (f) | endangers the lives of others by disregarding safety rules or regulations; |
| (g) | prejudices the administration, discipline or efficiency of a department, office or institution of the State; |
| (h) | misuses his or her position in the Service to promote or to prejudice the interest of any political party; |
| (I) | accepts any compensation in cash or otherwise from a member of the public or another employee for performing his or her duties without written approval from the employer; |
| (j) | fails to carry out a lawful order or routine instruction without just or reasonable cause; |
| (k) | absents himself or herself from work without reason or permission; |
| (I) | fails without sufficient cause, to report for duty at a stipulated time at his or her station, place of work or any other place stipulated by a commander of his or her superior; |
| (m) | commits an act of sexual harassment; |
| (n) | unfairly discriminates against others on the basis of race, gender, disability, sexuality or other grounds prohibited by the Constitution; |
| (o) | without written approval of the employer, performs work for compensation in a private capacity or for another person or organisation either during or outside working hours; |
| (p) | without authorisation, sleeps on duty; |
| (q) | accepts or demands in respect of the discharge, or the failure to discharge a function, any commission, fee, reward or favour, pecuniary or otherwise; |
| (r) |
| (i) | unlawfully and intentionally partake in the use of a narcotic drug; |
| (ii) | unlawfully and intentionally partakes of liquor while on duty; |
| (iii) | is under the influence of liquor whilst off duty in a public place and behaves in a manner which is detrimental to the image of the Service; |
| (iv) | renders himself or herself unfit for duty or for the performance of his or her functions by the use of liquor or narcotic drugs; or |
| (v) | reports for duty whilst under the influence of liquor or narcotic drugs; |
| (s) |
| (i) | pretends to be ill, interned, indisposed, injured or suffering from pain; or |
| (ii) | obtains or attempts to obtain exemption from duty by advancing a false or exaggerated excuse on the grounds of illness, infirmity, indisposition, injury, pain; |
| (t) | conducts himself or herself in an improper, disgraceful and unacceptable manner; |
| (u) | contravenes any prescribed Code of Conduct of the Service or the Public Service, whichever may be applicable to him or her; |
| (v) | incites other employees to unlawful conduct or conduct in conflict with accepted procedure; |
| (w) | intimidates or victimises other employees; |
| (x) | assaults, or threatens to assault any other employee; |
| (y) | prevents another employee from belonging to any trade union; |
| (z) | operates any money lending scheme for employees during working hours or from the premises of the Service; |
| (aa) | gives a false statement or evidence in the execution of his or her duties; |
| (bb) | falsifies records or any other documentation; |
| (cc) | participates in any unlawful labour or industrial action; |
| (dd) | convicted of any common law or statutory offence; |
| (ee) | without proper authority, releases a prisoner or other person from custody or willfully or negligently allows him or her to escape; |
| (ff) | uses unlawful force against a prisoner or other person in custody or otherwise ill-treats such person; |
| (gg) | neglects his or her duty or performs his or her functions in an improper manner; |
| (hh) | leaves his or her post without permission or reason; |
| (ii) | fails to submit his or her financial disclosure as may be required by the relevant prescripts and/or fails to disclose the required financial interests or provides false information in such disclosure; or |
| (jj) | fails to report an act of misconduct committed in his or her presence by his or her commander or fellow employee. |
| (4) | The following forms of misconduct may warrant the institution of the expeditious procedure as provided for in regulation 9: |
| (a) | Aiding an escapee; |
| (b) | Arson; |
| (e) | Robbery; |
| (d) | Assault GBH; |
| (e) | Bribery; |
| (f) | Corruption; |
| (g) | Dealing in drugs; |
| (h) | Defeating the course of justice; |
| (i) | Extortion; |
| (j) | Forgery and uttering; |
| (k) | Fraud; |
| (I) | Hijacking; |
| (m) | Housebreaking and theft; |
| (n) | Kidnapping; |
| (o) | Malicious damage to property of a serious nature; |
| (p) | Murder; |
| (q) | Rape; |
| (r) | Terrorism; |
| (s) | Theft; |
| (t) | Treason |
| (u) | Any attempt, conspiracy or incitement to commit any of the aforementioned offences; |
| (v) | Sexual harassment; |
| (w) | Unlawful possession of the employer's property; |
| (x) | Any act of misconduct which detrimentally affects the image of the Service or brings the Service into disrepute or which involves an element of dishonesty; or |
| (y) | Any contravention of the Firearms Control Act. |
