South African Police Service Act, 1995 (Act No. 68 of 1995)Chapter 6A : Directorate for Priority Crime Investigation17L. Complaints mechanism |
| (1) |
| (a) | The Minister shall, after consultation with the Minister of Justice and the Chief Justice, appoint a retired judge in order to investigate complaints referred to in subsection (4). |
| (b) | For purposes of paragraph (a) "retired judge" shall mean a judge discharged from active service as referred to in the Judges' Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001). |
| (2) | The performance of the functions provided for in respect of the retired judge does not derogate from the powers of the Independent Complaints Directorate referred to in section 50 to investigate complaints in respect of any member, including members in the Directorate for Priority Crime Investigation. |
| (3) | The retired judge shall not investigate complaints about intelligence matters falling under the jurisdiction of the Inspector-General of Intelligence. |
| (4) | The retired judge may receive complaints in the prescribed form and manner from— |
| (a) | any member of the public who can provide evidence of a serious and unlawful infringement of his or her rights caused by an investigation by the Directorate; or |
| (b) | any member of the Directorate who can provide evidence of any improper influence or interference, whether of a political or any other nature, exerted upon him or her regarding the conducting of an investigation. |
| (5) | The retired judge may upon receipt of a complaint investigate such complaint or refer it to be dealt with by, amongst others, the Secretariat, the Independent Complaints Directorate, the National Commissioner, the Head of the Directorate, the relevant Provincial Commissioner, the National Director of Public Prosecutions, the Inspector-General of Intelligence, or any institution mentioned in chapter 9 of the Constitution of the Republic of South Africa, 1996. |
| (6) | The retired judge shall report the outcome of any investigation undertaken by him or her or any referral to the Minister. |
| (7) | The retired judge may request and obtain information from the National Director of Public Prosecutions in so far as it may be necessary for the judge to conduct an investigation; |
[Section 17L(7) substituted by section 16(a) of Act No. 10 of 2012]
| (7A) | The retired judge may request information from any member of the Service for purposes of any investigation by that judge and the refusal to comply with such a request shall be a criminal offence for which a person, upon conviction, may be sentenced to a fine or imprisonment or to both a fine and imprisonment of two years. |
[Section 17L(7A) inserted by section 16(b) of Act No. 10 of 2012]
| (8) | To the extent that it is reasonably necessary for the performance of the functions of the retired judge, he or she— |
| (a) | may obtain information and documents under the control of the Service; |
| (b) | may enter any building or premises under the control of the Service in order to obtain such information and documents; and |
| (c) | shall be entitled to all reasonable assistance by a member. |
| (9) | The judge shall annually report to Parliament on the performance of his or her functions. |
| (10) | The Head of the Directorate may request the retired judge to investigate complaints or allegations relating to investigations by the Directorate or alleged interference with such investigations. |
| (11) | Any person who makes a complaint in terms of this section shall not be entitled to use this section to establish whether there is an investigation against him or her, nor be entitled to any delay, interference or termination of such investigation on the basis that such complaint has been made. |
| (12) | The Minister shall ensure that the retired judge has sufficient personnel and resources to fulfill his or her functions. |
| (13) | An annual operational budget shall be prepared by the Secretary in consultation with the retired judge and provided for under the budget for the Secretariat for the specific and exclusive use of the official duties of the retired judge and may not be used for any other purpose. |
[Section 17L(13) inserted by section 16(c) of Act No. 10 of 2012]
| (14) | Subsection (11) shall not be construed to inhibit the retired judge to investigate any matter which relates to an ongoing investigation. |
[Section 17L(14) inserted by section 16(c) of Act No. 10 of 2012]
| (15) | The Secretary, in consultation with the retired judge, shall develop and implement a plan to promote awareness amongst the public and members of the Directorate on the functions and role of the complaints mechanism. |
[Section 17L(15) inserted by section 16(c) of Act No. 10 of 2012]
| (16) | Any interference with the retired judge in the performance of his or her functions and duties shall be a criminal offence for which a person upon conviction may be sentenced to a fine or imprisonment of two years or to both such fine or imprisonment. |
[Subsection(16) inserted by section 16(c) of Act No. 10 of 2012]
[Section 17L inserted by section 3 of Act No. 57 of 2008]