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Table of Contents
South African Police Service Act, 1995 (Act No. 68 of 1995)
Notice No. 1527 of 1995
Act
Preamble
Chapter 1 : Interpretation
1. Definitions
Chapter 2 : Ministerial Services
2. [Repealed] Secretariat
3. Functions of secretariat
4. Executive co-ordinating committee
Chapter 3 : Establishment and Composition of Service
5. Establishment and composition of Service
Chapter 4 : Commissioners
6. Appointment of National and Provincial Commissioners
7. Terms of office of National and Provincial Commissioners
8. Loss of confidence in National or Provincial Commissioner
9. Misconduct by or incapacity of National or Provincial Commissioner
10. Board of Commissioners
Chapter 5 : Powers, Duties and Functions
11. National Commissioner
12. Provincial Commissioners
13. Members
14. Employment of Service in preservation of life, health or property
15. Delegation
Chapter 5A : Storage and Use of Fingerprints, Body-Prints and Photographic Images of Persons
15A. Storage and use of fingerprints, body-prints and photographic images
15B. Comparative search against other databases
15C. National instructions relating to collection, storage, maintenance, administration and use of fingerprints, body-prints and photographic images
15D. Security measures on integrity of information on database
Chapter 5B : Establishment, Administration and Maintenance of National Forensic DNA Database of South Africa
15E. Interpretation
15F. Objective of Chapter
15G. Establishment of national forensic DNA database
15H. Crime Scene Index
15I. Arrestee Index
15J. Convicted Offender Index
15K. Investigative Index
15L. Elimination Index
15M. Missing Persons and Unidentified Human Remains Index
15N. Comparative forensic DNA search and communication of ...
15O. Foreign and international law enforcement agencies
15P. Compliance with Quality Management System
15Q. Analysis, retention, storage, destruction and disposal ...
15R. Infrastructure
15S. Offences and penalties
15T. Awareness and training programs
15U. Access to and security of NFDD
15V. Establishment and composition of National Forensic ...
15W. Disqualification, removal and resignation from Board
15X. Meetings of Board
15Y. Funding, secretariat and remuneration of members of Board
15Z. Functions of Board
15AA. Procedure for handling of complaints
15AB. Disciplinary recommendations
15AC. Parliamentary oversight
15AD. Regulations
Chapter 6 : Organised Crime and Public Order Policing Unit
16. National prevention and investigation of crime
17. National public order policing unit
Chapter 6A : Directorate for Priority Crime Investigation
17A. Definitions
17AA. Applicability of this Chapter
17B. Application of Chapter
17C. Establishment and composition of Directorate for Priority Crime Investigation
17CA. Appointment, remuneration and conditions of service
17D. Functions of Directorate
17DA. Removal from office of National Head of Directorate
17DB. Staff of Directorate
17E. Security screening and integrity measures
17F. Multi-disciplinary approach
17G. Conditions of service
17H. Finances and financial accountability
17I. Coordination by Cabinet
17J. Operational Committee
17K. Parliamentary oversight
17L. Complaints mechanism
Chapter 7 : Community Police Forums and Boards
18. Objects of community police forums and boards
19. Establishment of community police forums
20. Establishment of area community police boards
21. Establishment of provincial community police boards
22. Functions of community police forums and boards
23. Procedural matters
Chapter 8 : Regulations
24. Regulations
25. National orders and instructions
26. Provincial orders and instructions
Chapter 9 : Appointments, Terms and Conditions of Service and Termination of Service
27. Filling of posts
28. Recruitment and appointment
29. Designation as member
30. Proof of appointment
31. Salary and benefits
32. Training
33. Commissioned officers
34. Inquiries
35. Discharge of members on account of redundancy, interest of
36. Discharge on account of sentence imposed
37. Discharge of members failing to complete basic training
38. Missing members and employees
39. Secondment of members
40. Disciplinary proceedings
41. Strikes
42. Conduct sheets
43. Suspension while in detention or imprisoned
44. Rewards and recognitions
45. Retirement
46. Political activities of members
47. Obedience
48. Reserve Police Service
49. Limitation on right to resign
Chapter 10 : [Repealed] Independent Complaints Directorate
50. [Repealed] Establishment and independence
51. (Repealed) Appointment of Executive Director
52. [Repealed] Personnel and expenditure
53. [Repealed] Functions of directorate
54. [Repealed] Reporting
Chapter 11 : General Provisions
55. Non-liability for acts under irregular warrant
56. Limitation of liability of State and members
57. [Repealed] Actions against Service
58. Salary or allowance not to be assigned or attached
59. Prohibition on certain dealings
60. Property of Service not liable to seizure or attachment
61. Exemption from tolls, fees and fees of office
62. Police clubs exempt from licence duties and other fees
63. Payment by public for police services
Chapter 12 : Municipal and Metropolitan Police Services
64. Interpretation
64A. Establishment of municipal police service
64B. Chief Executive Officer of municipality
64C. Executive head of municipal police service
64D. First executive head of municipal police service
64E. Functions of municipal police service
64F. Powers of member of municipal police service
64G. Proof of appointment
64H. Procedure after arrest by member of municipal police service
64I. Legal proceedings against municipal police service
64J. Civilian oversight of municipal police services
64K. Policing co-ordinating committees
64L. Powers and duties of National Commissioner in respect of municipal police service
64M. Minister's power in respect of municipal police service
64N. Member of Executive Council's power
64O. Certain other sections of this Act to apply to municipal police service
64P. Regulations in respect of municipal police service
64Q. Saving and transitional arrangements in respect of
Chapter 13 : Offences
65. Receipt or possession of certain property
66. Wearing and use of uniforms, badges, etc. of Service
67. Interference with members
68. False representations
69. Prohibition on publication of photographs or sketches of certain persons in custody
70. Unauthorised disclosure of information
71. Unauthorised access to or modification of computer material
Chapter 14 : Repeal and Transitional Provisions
72. Repeal and transitional provisions
Chapter 15 : Short Title and Commencement
73. Short title and commencement
Schedule
Section 16(2)(iA))
Regulations
[Repealed] South African Police Service Employment Regulations, 2008
[Repealed] Forensic DNA Regulations, 2015
Notice No. R. 207 of 2015
1. Definitions
2. The taking of a DNA sample
3. The keeping of records in respect of collected buccal and crime scene samples
4. Preservation and timely transfer of collected samples to the Forensic Science Laboratory
5. Conducting of comparative searches
6. Communication of forensic DNA findings and related information
7. DNA examinations conducted at the Forensic Science Laboratories
8. Request for access to information stored on the NFDD
9. Follow-up of forensic investigative leads
10. Destruction of DNA Reference samples and buccal samples
11. Notification of court findings
12. Removal of forensic DNA profiles from the NFDD on application
13. Protocols and training relating to familial searches
14. Complaints to the Forensic Oversight and Ethics Board
15. Lodging of complaints
16. Dealing with complaints
17. Lodgement of a complaint
18. Complaints lodged anonymously
19. Receiving, registering, processing, referring, and disposing of complaints
20. Appointment and composition of complaints assessment committee
21. Assessment of a complaint
22. Alternative dispute resolution
23. Reports
24. Register
25. Public awareness
26. Access to the forensic DNA profile and crime scene sample for exoneration purposes
27. Forensic awareness, investigation and examination interventions
28. Information technology infrastructure and systems
29. General
South African Police Service Discipline Regulations, 2016
Notice No. R. 1361 of 2016
1. Definitions
2. Scope of the Regulations
3. Purpose
4. Principles
5. Nature of misconduct
6. Disciplinary officers
7. Less serious misconduct
8. Serious misconduct
9. Expeditious Process
10. Suspension
11. Conducting the disciplinary hearing
12. Sanctions
13. Dispute resolution
14. Procedure after a finding of misconduct
15. Securing the attendance of an employee at a disciplinary hearing
16. Witnesses at disciplinary hearings
17. Conduct sheets
18. Transitional arrangements
19. Repeal and short title
[Repealed] South African Police Service Employment Regulations, 2017
South African Police Service Employment Regulations, 2018
Notice No. 663 of 2018
Chapter 1 : General Provisions
1. Definitions
2. Deviations, Delegations and Authorisations
3. Communication with the Media
4. Decision-making in case of conflict of interest
5. Record-keeping on correction of acts and omissions
Chapter 2 : Conduct, Ethics and Anti-Corruption
Part 1 : Code of Conduct
6. Relationship with legislature and executive
7. Relationship with public
8. Relationships among employees
9. Performance of duties
10. Personal conduct and private interests
Part 2 : Financial disclosure
11. Definitions
12. Register of designated employees' interests
13. Disclosure of designated employee's interests
14. Details of interests to be disclosed
15. Confidentiality of submitted forms and register
16. Conflict of interest
Part 3 : Anti-corruption
17. Anti-corruption function
18. Designation of ethics officer
19. Reporting requirements
Chapter 3 : Planning and Service Delivery
20. Strategic planning
21. Human resource planning
22. Human Resource Development
23. Service delivery improvement programme
24. Information planning and reporting
25. Information in annual report
Chapter 4 : Employment Matters
Part 1 : Creation of posts, job descriptions and job evaluation
26. Job descriptions, job titles, CORE'S and OSD'S
27. Creation and filling of posts
28. Purpose of job evaluation
29. Job evaluation system
30. Grading of posts and determination of salaries
Part 2 : Remuneration and other service benefits
31. Information on remuneration
32. Leave
33. Overtime
Part 3 : Working environment
34. Working hours
35. Work outside working hours
36. Health and safety
37. Employee health and wellness
38. HIV and AIDS and other diseases
Part 4 : Appointments and other employment matters
39. General conditions for appointment
40. Utilisation of unpaid volunteers
41. Re-appointment of former employees
42. Prohibition on the appointment of former employees dismissed for misconduct
43. Secondments
44. Acting in higher posts
45. Determination of requirements for employment
46. Advertising
47. Appointment and promotion
48. Probationary period
49. Resignation
50. Employee records
Part 5 : Performance management
51. Systems for performance management and development
52. Performance agreements
53. Performance assessment
54. Outcome and communication of assessment results
55. Managing unsatisfactory performance
56. Performance incentive and award scheme
57. Suggestions, improvements and innovations
Part 6 : Training
58. Institutional arrangements regarding training, education and development
59. Occupational specific competencies and training
60. Training assistance
Part 7 : Labour matters
61. Mandating and management of negotiations
62. Matters with fiscal implications
Chapter 5 : Senior Management Service (SMS)
63. Establishment of SMS
64. Composition of SMS and grading of posts
65. Flexible employment practices within a framework of uniform norms and standards
66. Handbook for SMS
67. Advertising of posts and employment equity
68. Competency-based selection
69. Nurturing of talent to sustain SMS
70. Employment contracts
71. Performance management and development
72. Determination of conditions of service
73. Panel for review of conditions of service of members of SMS
74. Deployment of members of SMS
75. Training and development principles
76. Standard training programmes
77. Ethics and conduct
78. Employer-employee relations
79. Misconduct and incapacity
80. Exit management
Chapter 6 : Repeal and Transitional Arrangements
81. Repeal of Regulations
82. Transitional arrangements
83. Short title and commencement
Annexures
Annexure 1 : Employment Contract for the National Commissioner
Annexure 2 : Permanent Employment Contract for Members of the Senior Management Service
Annexure 3 : Employment Contract for a Fixed Term or a Specific Project for Members of the Senior Management Service
Forensic DNA Regulations, 2020
Notice No. R. 396 of 2020
1. Definitions
2. Taking of buccal sample
3. Taking of other samples
4. Samples taken from arrested person
5. Samples taken from persons for investigative purposes
6. Preservation and timely transfer of collected samples to FSL
7. Information that must be captured
8. Forensic investigative leads
9. Communication of forensic DNA findings and related information
10. DNA examinations conducted at the FSL
11. Request for access to information stored on NFDD
12. Follow-up of forensic investigative leads
13. Destruction of DNA reference samples and buccal samples
14. Removal of forensic DNA profiles from NFDD on application
15. Protocols and training relating to familial searches
16. Lodging of complaints
17. Appointment and composition of complaints assessment committee
18. Assessment of complaint
19. Alternative dispute resolution
20. Reports
21. Register
22. Access to forensic DNA profile and crime scene sample for exoneration purposes
23. General
24. Repeal
Notices
National Standard of Policing for Municipal Police Services on a Uniform Ranking Structure and Insignia
Notice No. 949 of 2020
1. Background
2. General Principles
3. Ranks
4. Distinctive Badges, Buttons, Badges of Rank, Gorget Patches and Cap Peaks
5. Revision of Ranks and Insignia
this Act
includes the regulations;
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