South African Police Service Act, 1995 (Act No. 68 of 1995)Chapter 6A : Directorate for Priority Crime Investigation17E. Security screening and integrity measures |
| (1) | Any person who is considered for appointment in, or secondment to, the Directorate, shall be subject to a security screening investigation in terms of and in accordance with section 2A of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994). |
| (2) | No person may be appointed to the Directorate unless— |
| (a) | a security clearance has been issued to that person in terms of section 2A(6) of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994), by any Intelligence Structure referred to in that Act as may from time to time be determined by the Minister; |
[Section 17E(2)(a) amended by section 10 (a) of Act No. 10 of 2012]
| (b) | a security clearance on the required level and which is still valid has been issued to the person in question in terms of section 2A(6) of the National Strategic Intelligence Act, 1994; or |
| (c) | a temporary security clearance has been issued by any Intelligence Structure referred to in the National Strategic Intelligence Act, 1994, determined by the Minister after the person had submitted an application to such Intelligence Structure to have a security screening investigation conducted. |
[Section 17E(2)(c) substituted by section 10(a) of Act No. 10 of 2012]
| (3) | Any appointment on the basis of a temporary security clearance shall be subject to the finalisation of the security screening investigation and the issuing of a security clearance in terms of section 2A(6) of the National Strategic Intelligence Act, 1994. |
| (4) | Whenever the head of the Intelligence Structure referred to in subsection (2)(a) and (c) acting in terms of section 2A(6) of the National Strategic Intelligence Act, 1994, upon reasonable grounds, degrades, withdraws or refuses a security clearance, of a member of the Directorate, the National Commissioner may on request of the National Head of the Directorate transfer such person from the Directorate, or if such person cannot be redeployed elsewhere in the Service, discharge him or her, subject to the provisions of section 34. |
[Section 17E(4) substituted by section 10(b) of Act No. 10 of 2012]
| (5) | A member of the Directorate may from time to time, or at such regular intervals as the Head of the Directorate may determine, be subjected to a further security screening investigation. |
| (6) | If, upon information at the disposal of the Head of the Directorate, he or she reasonably believes that the person concerned poses a security risk, he or she may require the member to undergo a further security screening investigation. |
| (7) |
| (a) | Any member of the Directorate must, in the prescribed manner and at the prescribed intervals, disclose his or her prescribed financial and other interests and those of his or her immediate family members. |
| (b) | For the purpose of paragraph (a), 'immediate family member' refers to the spouse, civil partner or permanent life partner of that member, and includes dependent children of, and dependent family members living in the same household with that member. |
| (8) |
| (a) | The Minister may prescribe measures for integrity testing of members of the Directorate, which may include random entrapment, testing for the abuse of alcohol or drugs, or the use of the polygraph or similar instrument to ascertain, confirm or examine in a scientific manner the truthfulness of a statement made by a person. |
| (b) | The necessary samples required for any test referred to in paragraph (a), may be taken, but any sample taken from the body of a member may only be taken by a registered medical practitioner or a registered nurse. |
| (c) | The Minister shall prescribe measures to ensure the confidentiality of information obtained through integrity testing, if such measures are prescribed in terms of paragraph (a). |
| (9) |
| (a) | A member of the Directorate shall serve impartially and exercise his or her powers or perform his or her functions in good faith. |
| (b) | Subject to the Constitution of the Republic of South Africa, 1996, and this Act, no organ of state and no member or employee of an organ of state nor any other person shall improperly interfere with, hinder or obstruct a member of the Directorate, in the exercise, carrying out or performance of his or her powers, duties and functions. |
[Section 17E(9) inserted by section 10(c) of Act No. 10 of 2012]
| (10) | The National Head of the Directorate, the Deputy National Head of the Directorate and any person seconded to or employed in the Directorate, shall before commencing with their functions in terms of this Act, take an oath or make an affirmation, which shall be subscribed by them, in the form set out below: |
‘I ______________________________________________________________
(full name)
do hereby swear/solemnly affirm that I will in my capacity as National Head of the Directorate/Deputy National Head of the Directorate/member of the Directorate/employee at the Directorate/being seconded to the Directorate uphold and protect the Constitution and the fundamental rights entrenched therein and enforce the Law of the Republic without fear, favour or prejudice and, as the circumstances of any particular case may require, in accordance with the Constitution and the Law. (In the case of an oath: So help me God.)’
[Section 17E(10) inserted by section 10(c) of Act No. 10 of 2012]
| 10) | Without derogating from the provisions of section 67 of this Act, any person, including any member of the Service, who resists or willfully hinders or obstructs or unduly influences the National Head, Deputy National Head, Provincial Head or any member of the Directorate in the exercising of his or her functions shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years. |
[Section 17E(11) inserted by section 10(c) of Act No. 10 of 2012]
[Section 17E inserted by section 9 of Act No. 10 of 2012]