Statistics Act, 1999
R 385
South African Police Service Act, 1995 (Act No. 68 of 1995)RegulationsSouth African Police Service Discipline Regulations, 20168. Serious misconduct |
| (1) | A supervisor must ensure that the investigation into the allegations of misconduct is completed within thirty (30) calendar days or as soon as practically possible thereafter, and if satisfied that the alleged misconduct is of a serious nature and justifies the holding of a disciplinary hearing, refer the outcome of the investigation to the employer representative within seven (7) working days to initiate a disciplinary enquiry. The employee must be informed of the alleged misconduct and pending investigation. |
| (2) | The employer representative must within fifteen (15) working days, charge the employee with misconduct, by serving a written notice to attend the disciplinary hearing in the form determined by the National Commissioner |
| (3) | The written notice of the disciplinary hearing must provide for— |
| (a) | a description of the allegations of misconduct and all the evidence including statements upon which the employer will rely; |
| (b) | details of the date, time and venue of the hearing; |
| (c) | information stating the rights of the employee to representation by a fellow employee, union representative or union official, and the right to bring witnesses to the hearing; and |
| (d) | the place where, the period during, which and the circumstances and conditions in terms of which an employee shall be given an opportunity to examine any physical or documentary evidence or any report that will be produced in evidence and must free of charge, served with one copy of any statement or report relating to the subject matter of the hearing and one copy of any document that will be presented as evidence during the hearing, |
| (4) |
| (a) | The notice to appear at the hearing must be served on the employee at least ten(10) calendar days before the date of the hearing, |
| (b) | The notice must be served by delivering a copy thereof to the employee referred to therein or, if he or she cannot be found, by delivering it at his or her residence or place of employment to a person who is apparently over the age of 16 years and is apparently residing or employed there. |
| (c) | A return of service of a notice by the employee serving the notice to the effect that it took place as mentioned in sub-regulation (b) may be handed in at the hearing and shall on its mere production be proof of the service thereof. |
| (d) | An employee is obliged to accept delivery of any notice served on him or her. |
| (5) | The employee must acknowledge receipt of the notice if handed to him or her personally. Should the employee refuse to acknowledge receipt, the notice must be handed over to the employee in the presence of another employee, and both the employee handing over the notice and another employee must sign in confirmation that the notice was served on the employee. |
