South African Police Service Act, 1995 (Act No. 68 of 1995)Chapter 9 : Appointments, Terms and Conditions of Service and Termination of Service38. Missing members and employees |
| (1) | If a member or other employee of the Service is reported missing, such member or employee shall for all purposes be deemed to be still employed by the Service until— |
| (a) | the National or Provincial Commissioner otherwise determines; |
| (b) | he or she again reports for duty; or |
| (c) | a competent court issues an order whereby the death of such member or employee is presumed. |
| (2) | The salary or wages and allowances accruing to a member or employee during his or her absence contemplated in subsection (1) shall, subject to subsection (4), be paid— |
| (a) | to his or her spouse; or |
| (b) | if he or she has no spouse, to his or her dependants; or |
| (c) | to any other person who, in the opinion of the Commissioner concerned, is competent to receive and administer such salary or wages and allowances on behalf of the member or employee or his or her spouse or such other dependants. |
| (3) | Payment of any salary or wages and allowances in terms of subsection (2) shall for all purposes be deemed to be payment thereof to the member or employee concerned. |
| (4) | Notwithstanding subsection (2), the National or Provincial Commissioner may from time to time direct that only a portion of the salary or wages and allowances of a member or employee be paid in terms of the said subsection or that no portion thereof be so paid. |