Civilian Secretariat for Police Service Act, 2011 (Act No. 2 of 2011)RegulationsCivilian Secretariat for Police Service Regulations, 2016Chapter 9 : Co-Operative Framework51. Co-operation with Independent Police Investigation Directorate |
| (1) | In order to perform the functions contemplated in section 31 of the Act, and to ensure the proper functioning of the Consultative Forum contemplated in Chapter 4 of the Independent Police Investigative Directorate Act, 2011 and established in terms of section 15 thereof, the Secretary must create mechanisms within the Civilian Secretariat to – |
| (a) | consider reports received from the Executive Director in terms of section 9 of the Independent Police Investigative Directorate Act, 2011; |
| (b) | monitor the implementation by the police service of the recommendations made by the Directorate; |
| (c) | provide the Minister with regular reports on steps taken by the Civilian Secretariat to ensure compliance; |
| (d) | submit a copy of the report on the steps taken to the Executive Director; and |
| (e) | discuss issues related to trends, recommendations and implementation of such recommendations. |
| (2) | The Secretary must ensure that the reports from the Executive Director in terms of section 9 of the Independent Police Investigative Directorate Act are registered in a dedicated register in the Office of the Secretary and submitted to the head of the Unit responsible for civilian oversight, monitoring and evaluation for consideration within ten days of receipt. |
| (3) | The head of the Unit responsible for civilian oversight, monitoring and evaluation must ensure that a senior management member of the Unit is delegated to— |
| (a) | analyse the Executive Director’s report; |
| (b) | prepare a plan to monitor the implementation by the police service of the recommendations of the Executive Director; and |
| (c) | compile a report on steps taken to ensure compliance for the attention of the Minister. |
| (4) | The head of the Unit responsible for civilian oversight, monitoring and evaluation must submit the report contemplated in sub-regulation 3(c) within 30 days to the Secretary for approval and submission of the original to the Minister and a copy to the Executive Director. |
| (5) | The Secretary must submit a copy of the report contemplated in sub-regulation 3(c) to the Executive Director not later than seven days before the next scheduled meeting of the Consultative Forum. |
| (6) | The plan referred to sub-regulation 3(b) must contain the following— |
| (a) | the date of submission of the recommendation to the police service by the Executive Director; |
| (b) | whether the police service has registered the complaint and, if registered, the date of registration; |
| (c) | whether any steps were taken by the police service to initiate disciplinary proceedings and if initiated— |
| (i) | the date of initiation of each inquiry; |
| (ii) | a copy of each charge sheet; |
| (iii) | the details of the disciplinary officer and the presiding officer of the disciplinary inquiry. |
| (d) | if the recommendation was not registered or where no steps were taken to initiate disciplinary proceedings; the reasons for not registering the recommendation or not initiating disciplinary proceedings; |
| (e) | where disciplinary proceedings were initiated, the status of the proceedings; |
| (f) | where disciplinary steps are finalised, the sanction imposed; and |
| (g) | any other steps that are necessary to be taken to ensure that the police service implements the recommendations of the Executive Director. |
| (7) | In order to ensure the necessary co-operation for the proper functioning of the Consultative Forum, as required by section 31(3) of the Act, the Secretary shall ensure that the agreed Terms of Reference for the Consultative Forum are complied with. |