South African Police Service Act, 1995 (Act No. 68 of 1995)Chapter 9 : Appointments, Terms and Conditions of Service and Termination of Service41. Strikes |
| (1) | No member shall strike, induce any other member to strike or conspire with another person to strike. |
| (2) | If the National or Provincial Commissioner has reason to believe that a member is striking or conspiring with another person to strike, the Commissioner concerned may, in a manner which is reasonable in the circumstances, issue an ultimatum to the member concerned to terminate or desist from carrying out such conduct within the period specified in such ultimatum. |
| (3) | In the event that the member refuses or fails to comply with the ultimatum referred to in subsection (2), or if the National or Provincial Commissioner could not reasonably be expected to issue such an ultimatum to a member personally, the Commissioner concerned may, without a hearing, summarily discharge such member from the Service: Provided that— |
| (a) | such member shall as soon as practicable after the date of such discharge, be notified in writing of such discharge and the reasons therefor; |
| (b) | such member may, within 30 days after the date of receipt of such notice, make written representations to the Minister regarding the revocation of the discharge; and |
| (c) | the Minister may, after having considered any representations, reinstate such member from the date of such discharge. |
| (4) | A discharge from the Service under subsection (3) shall not be invalid solely by reason of such member not receiving notice of the ultimatum referred to in subsection 20(2). |