South African Police Service Act, 1995 (Act No. 68 of 1995)

Chapter 8 : Regulations

24. Regulations

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(1)The Minister may make regulations regarding—
(a)the exercising of policing powers and the performance by members of their duties and functions;
(b)the recruitment, appointment, promotion and transfer of members;
(c)the training, conduct and conditions of service of members;
(d)the general management, control and maintenance of the Service;
(e)returns, registers, records, documents, forms and correspondence in the Service;
(f)labour relations, including matters regarding suspension, dismissal and grievances;
(g)
(i)the institution and conduct of disciplinary proceedings or inquiries;
(ii)conduct by members that will constitute misconduct;
(iii)the provisions, if any, of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), that shall apply mutatis mutandis to disciplinary proceedings or inquiries under this Act;
(iv)the attendance by a member or any witness, of such disciplinary proceedings or inquiries;
(v)the circumstances under which such disciplinary proceedings or inquiries may be conducted or proceeded with in the absence of the member accused of misconduct or affected by such an inquiry;
(vi)the hearing and submission of evidence at such disciplinary proceedings or inquiries;
(vii)competent findings and sanctions in respect of such disciplinary proceedings or inquiries; and
(viii)review and appeal in respect of such disciplinary proceedings or inquiries;
(h)the issue of a code of conduct for the Service and the upholding thereof;
(i)the establishment of different categories of personnel, components, ranks, designations and appointments in the Service;
(j)
(i)the standards of physical and mental fitness required, and the medical examination, of members;
(ii)the medical, dental and hospital treatment of members and their families;
(k)
(i)the establishment, management and control of a scheme to provide for the medical, dental and hospital treatment, the provision of medicines and other medical requirements and the transportation during their indisposition of—
(aa)members and members of their families;
(bb)members who have retired or who retire on pension, and members of their families; and
(cc)the families of deceased members;
(ii)the categories of members, or other persons who shall or may become members of such a scheme;
(iii)the portion of the costs of such treatment, medicines, medical requirements and transportation which shall be payable under such a scheme by any member or category of members of such a scheme;
(iv)the termination of membership of such a scheme;
(v)the rights, privileges and obligations of members of such a scheme;
(vi)the vesting in such a scheme of assets, rights, liabilities or obligations or the disposal in any way of the assets of such a scheme; and
(vii)generally, all matters reasonably necessary for the regulation and operation of such a scheme;
(l)the resignation or reduction in rank of members;
(m)the grading of posts and the remuneration structure, including allowances or benefits of members;
(n)the establishment and maintenance of training institutions or centres for members and the instruction, training, discipline and control of members at such institutions or centres;
(o)the management of and access to laboratories established for the purposes of the analysis of forensic evidence as well as fees payable for services rendered in that regard;
(p)the attendance by members of instructional or training courses at institutions or centres other than those established and maintained in terms of this Act;
(q)the establishment and control of funds of clubs referred to in section 62(3);
(r)the deductions to be made from the salaries, wages or allowances of members;
(s)the provisioning of the Service, including the provision of stores and equipment required for the Service, and the care, safe custody and maintenance thereof;
(t)the design, award, use, care, loss, forfeiture and restoration of any decoration or medal instituted, constituted or created under this Act, and its bar, clasp or ribbon;
(u)the design of an official flag and coat of arms for the Service;
(v)the dress and clothing of members, and the control over or disposal of a uniform or part thereof;
(w)the utilisation by the Service of property—
(i)forfeited to the State;
(ii)abandoned, lost or taken charge of by a member; or
(iii)unclaimed and found or taken charge of by a member;
(x)the retention of rank on retirement from the Service and the award of honorary ranks;
(y)the occupation by members of quarters, whether owned or rented by the State or placed at its disposal;
(z)the participation in sport and recreational activities by members;
(aa)the fair distribution of and access to police services and resources in respect of all communities;
(bb)the command, control, powers, duties and functions of persons, other than members, employed by the Service;
(cc)the proper functioning of the directorate, including the referral to the directorate of complaints received by the police;
(dd)any board or body established or constituted by or under this act, including—
(i)the procedure thereof; and
(ii)the attendance by witnesses of the proceedings thereof;
(ee)the development of the plan contemplated in section 11(2)(a) and the monitoring of the implementation thereof;
(eeA)the following issues which are related to the Directorate for Priority Crime Investigation established in terms of section 17C:
(i)The manner and intervals for disclosure of financial and other interests as required in terms of section 17E(7)(a);
(ii)the measures for integrity testing of members of the Directorate for Priority Crime Investigation as contemplated in section 17E(8)(a);
(iii)the measures to ensure the confidentiality of information obtained as contemplated in section 17E(8)(c);
(iv)the form and manner in which complaints referred to in section 17L(4) must be made to the retired judge;

[Section 24(1)(eeA) inserted by section 4 of Act No. 57 of 2008]

(ff)all matters which may or shall be prescribed in accordance with this Act; and
(gg)all matters generally which are necessary or expedient for the achievement of the objects of this Act.

 

(2)Different regulations may be made regarding different categories of members or personnel.

 

(3)Any regulation under subsection (1)(cc) shall be made in consultation with the Executive Director.

 

(4)Any regulation which affects State revenue or expenditure shall be made with the concurrence of the Minister of Finance.

 

(5)Any regulation made under subsection (1) may prescribe penalties for any contravention thereof or failure to comply therewith, of a fine, or imprisonment for a period not exceeding 12 months or both such fine and such imprisonment.

[Section 24(5) inserted by section 4 of Act No. 41 of 1997]