South African Police Service Act, 1995 (Act No. 68 of 1995)Chapter 14 : Repeal and Transitional Provisions72. Repeal and transitional provisions |
| (1) |
| (a) | Subject to this section, the Rationalisation Proclamation is hereby repealed, excluding— |
| (i) | sections 8(1), 9(1) to (8) , 10, 12(1) and (2)(a) to (j), 13 and 14 thereof; and |
| (ii) | any other provision of that Proclamation in so far as it relates to the interpretation or execution of a provision mentioned in subparagraph (i). |
| (b) | Sections 11, 12 and 15 of this Act shall, where applicable, be subject to section 9(1) to (8) of the Rationalisation Proclamation until the National Commissioner has certified that the assignment of the functions referred to in section 219 of the Constitution by the National Commissioner to all Provincial Commissioners as contemplated in section 9(4)(a) of the Rationalisation Proclamation, has been completed, whereupon sections 11, 12 and 15 of this Act shall be applicable to the National and Provincial Commissioner in relation to the Province concerned. |
| (c) | The Minister may make regulations regarding all matters which are necessary or expedient for the purposes of this subsection. |
| (d) | Any person who, immediately before the commencement of this Act, was a member of a force contemplated in section 5(2)(a)(i), and who has not been appointed to a post in or additional to the fixed establishment or otherwise dealt with in accordance with section 14 of the Rationalisation Proclamation, shall serve in a pre-rationalised post until he or she is appointed to a post in or additional to the fixed establishment or is otherwise dealt with in accordance with that section. |
| (e) | Any person referred to in paragraph (d) who has been or is appointed to a post in or additional to the fixed establishment or is otherwise dealt with in terms of the Rationalisation Proclamation, shall be deemed to have been so appointed or dealt with under the corresponding provision of this Act. |
| (2) | In the application of the provisions mentioned in subsection (1)(a), and unless the context otherwise indicates or if clearly inappropriate, any reference therein to the Rationalisation Proclamation or to the Police Act, 1958 (Act No. 7 of 1958), or to any repealed provision thereof, shall be construed as a reference to this Act, or to the corresponding provision thereof, as the case may be. |
| (3) | Any reference in any law to a Commissioner of a police force shall, except where such post has not yet been abolished, and unless clearly inappropriate, be construed as a reference to the National Commissioner or, in regard to any matter in respect of which a Provincial Commissioner is lawfully responsible, and subject to section 219 of the Constitution, to the Provincial Commissioner concerned. |
| (4) |
| (a) | Anything done, including any regulation made or standing order or instruction issued or other administrative measure taken or any contract entered into or any obligation incurred under the Rationalisation Proclamation or any law repealed by this Act or the Rationalisation Proclamation which could be done under this Act and in force immediately before the commencement of this Act, shall be deemed to have been so done, made, issued, taken, entered into or incurred, as the case may be, under this Act until amended, abolished, withdrawn or repealed under this Act. |
| (b) | Any reference in any regulation, standing order or administrative measure to a regional commissioner or a district commissioner shall, unless clearly inappropriate, be construed as a reference to a Provincial Commissioner or an area commissioner, respectively. |
| (5) | [Section 72(5) deleted by section 4 of Act No. 83 of 1998] |
| (6) | [Section 72(6) deleted by section 4 of Act No. 83 of 1998] |