Security Forces Board of Inquiry Act, 1993 (Act No. 95 of 1993)11. Inquiries by Area Director |
(1)
| (a) | If an Area Director has by virtue of the provisions of section 10(1) or (2) heard of the alleged commission of a serious offence or if the alleged commission of such an offence has been reported to the Board in terms of the said section 10(1), or if the Minister has directed that the alleged commission of such an offence be inquired into, such Area Director or the other Area Director concerned shall, unless he is of the opinion that the allegations contemplated in the said section 10(1) or (2) are of a vexatious or frivolous nature, forthwith hold an inquiry into the matter concerned and notify the members of the South African Police or the Military Police concerned thereof. |
| (b) | If an Area Director conducts an inquiry and has given notice in terms of paragraph (a), the South African Police and the Military Police shall not inquire into the alleged offence or, if they have already commenced such an inquiry, shall cease such inquiry and forthwith deliver all documents and exhibits in connection with the alleged offence at their disposal to the Area Director concerned. |
| (2) | If an Area Director, at any time during the holding of an inquiry in terms of subsection (1), believes that it is in the interest of the administration of justice or in the public interest to inquire also into any other alleged offence which he suspects to be connected with the subject-matter of his inquiry, he may conduct an inquiry into such other offence as well. |
(3)
| (a) | An Area Director may for the purposes of an inquiry in terms of subsection (1) or (2) at any time prior to or during the holding of the inquiry designate any person referred to in section 9 to assist him with the inquiry and to report to him. |
| (b) | An Area Director and a person assisting him in terms of paragraph (a) shall for the purpose of the inquiry concerned be deemed to be a police official as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and have the same powers as those which such an official has in terms of the said Act and section 5(c) of the Police Act, 1958 (Act No. 7 of 1958). |
| (4) | An Area Director may request the South African Police to make available for the purposes of an inquiry in terms of this section their scientific resources and experts, and the South African Police shall, in so far as it is possible for them, accede to such request. |
| (5) | When an Area Director has completed an inquiry in terms of this section he shall furnish a report on his inquiry to the other members of the Board. |