Statistics Act, 1999
R 385
South African Police Service Act, 1995 (Act No. 68 of 1995)RegulationsSouth African Police Service Discipline Regulations, 20169. Expeditious Process |
| (1) | A supervisor who is satisfied that the alleged misconduct is of a serious nature and or falls within the ambit of regulation 5(4) he or she must ensure that the expeditious process is initiated, and a full substantiated report is submitted to the National Commissioner or a person designated by him or her, which person may not hold a rank lower than that of Brigadier and assumes the power of the employer for purposes of this regulation. |
| (2) | The said person must— |
| (a) | on receipt of the full substantiated report satisfy himself or herself that the alleged misconduct is misconduct as contemplated in regulation 6(4) and that the nature of the misconduct justifies an expeditious procedure; |
| (b) | if satisfied that the misconduct justifies an expeditious procedure he or she must notify the employee of the allegations of misconduct and instruct the employee to appear before him or her to answer to the allegations of misconduct. The notice must contain a description of the allegations of misconduct, that he or she has the right to be represented, the date and time when the employee must appear, and supporting documents and statements (if available). The notice period may not be less than five (5) calendar days, and it must be served in the manner set out in these Regulations. if not satisfied that the misconduct justifies an expeditious procedure he or she must refer the matter back to the supervisor for it to be dealt with in accordance with the normal procedure; |
| (c) | when the employee appears before him or her, he or she must inform the employee of the allegations of misconduct and allow the employee to defend himself or herself against the allegations (as provided in the expeditious procedure). The said person may take any steps deemed necessary to finalise the matter provided for in these Regulations; |
| (d) | consider the evidence of the employee and make a finding within five (5) calendar days with regard to the alleged misconduct; and |
| (e) | if he or she finds that the employee has committed the misconduct, after hearing mitigating and aggravating circumstances impose a sanction referred to in regulation 12. |
| (3) | Following a sanction of dismissal being imposed on the employee, the designated person must within twenty four (24) hours of his or her determination, notify the National Commissioner or Provincial Commissioner or Divisional Commissioner of the reasons for his or her finding and for imposing such a sanction. |
| (4) | The National Commissioner or Provincial Commissioner or Divisional Commissioner may in exceptional circumstances and in the interest of the Service vary any sanction imposed on an employee: Provided that the decision to vary the sanction is taken within three (3) working days after the employee has been informed thereof and the decision to vary has been fully motivated. |
| (5) | The employee must immediately be informed in writing of the decision of the National Commissioner or Provincial Commissioner or Divisional Commissioner. |
| (6) | In the event of the sanction of dismissal being confirmed by the National Commissioner or Provincial Commissioner or Divisional Commissioner such dismissal shall take effect on the day of the decision of the National Commissioner or Provincial Commissioner or Divisional Commissioner. |
| (7) | If the employee fails to appear before the said person referred to in regulation 9(1) on the date set out in the notification or any other date determined— |
| (a) | the employee shall, from the date of such failure to appear, be deemed to be suspended without remuneration; |
| (b) | the said person must postpone the matter indefinitely, and it shall only reconvene at the instance of the employee concerned, after liaising with such person: Provided that in the event that the employee fails to take steps to reconvene the matter within ten (10) working days of such date, the said person must record such failure and the employee shall forthwith be deemed to be discharged from the Service; and |
| (c) | in the event of the matter being reconvened the said person must inquire into the reasons for the employee's failure to appear and in the absence of good cause shown, confirm or set aside the suspension and finalise the matter; |
| (8) | If the alleged misconduct does not justify an expeditious procedure, the procedure as per regulation 8(1), (2), (3), (4) and (5) must be followed. |
