Independent Police Investigative Directorate Act, 2011 (Act No. 1 of 2011)Chapter 10 : Regulations, Transitional Arrangements, Repeal and Short Title and Commencement35. Transitional arrangements |
| (1) | As from the fixed date— |
| (a) | all powers exercised and functions performed by investigators immediately before the fixed date, must be exercised and performed by the Directorate; |
| (b) | any investigation instituted in terms of the previous Act which was pending must be disposed of as if this Act had not been passed; and |
| (c) | the allocated budget, assets and liabilities of the Directorate as agreed upon between the accounting officers of the Independent Complaints Directorate and the Directorate, must be transferred to the Directorate in accordance of section 42 of the Public Finance Management Act. |
| (2) | The Registrar of Deeds must make the necessary entries and endorsements for the transfer of any property in terms of this section. |
| (3) | For the purposes of the Income Tax Act, 1962 (Act No. 58 of 1962), no change of the employer must be regarded as having taken place when the investigators and administrative and support personnel are transferred to take up employment with the Directorate. |
| (4) | For as long as remuneration, allowances and other conditions of service under the South African Police Service Act are more favourable than those determined under this Act, the remuneration, allowances and other conditions of service under the South African Police Service Act prevails. |
| (5) | A security clearance issued before the fixed date, remains valid until such time it is reissued in terms of this Act. |
(6)
| (a) | This Act does not affect the validity of any investigation or prosecution conducted, pending or under investigation by the Independent Complaints Directorate on or before the fixed date. |
| (b) | All matters which relate to service complaints of the South African Police Service will be transferred to the South African Police Service and where appropriate, the Secretariat. |