South African Police Service Act, 1995 (Act No. 68 of 1995)RegulationsSouth African Police Service Employment Regulations, 2018AnnexuresAnnexure 1 : Employment Contract for the National Commissioner |
ANNEXURE 1
EMPLOYMENT CONTRACT FOR THE NATIONAL COMMISSIONER
EMPLOYMENT CONTRACT FOR THE NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE
ENTERED INTO
by and between the
GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA
herein represented by
(full name)
in his or her capacity as
PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA
(hereinafter referred to as the Employer)
AND
(full name)
(hereinafter referred to as the Employee)
WHEREAS the parties have agreed to enter into a Contract which will govern the terms and conditions of employment of the Employee by the Employer,
NOW THEREFORE the parties agree as follows:
| 1. | Appointment |
| 1.1 | In terms of section 207 of the Constitution, the Employer hereby appoints the Employee as National Commissioner of the South African Police Service and the Employee hereby accepts the appointment. |
| 1.2 | This Contract shall be in force for the period commencing on the _______ day of _____ and ending on the _____ day of and is entered into in terms of section 7 of the South African Police Service Act, 1995 (Act No 68 of 1995), hereinafter referred to as "the Act". |
| 1.3 | During the period of this Contract, the Employee shall— |
| 1.3.1 | serve the Employer as National Commissioner of the South African Police Service at such place as may from time to time be directed by the Employer; |
| 1.3.2 | be responsible for the efficient management and administration of the South African Police Service (hereinafter referred to as the Service) as contemplated in section 207(2) of the Constitution, the Act, section 7(3)(b) read with section 7(4) of the Public Service Act, 1994 (Proclamation No 103 of 1994) and as set out in the performance agreement referred to in clause 6.1; and |
| 1.3.3 | be responsible for exercising the powers and performing the functions specifically entrusted to the office of the National Commissioner of the South African Police Service, in particular as set out in the Constitution, the Act or any other law. |
| 1.4 | The employment of the Employee is subject to— |
| (a) | the submission by the Employee of certificates of his or her academic and professional qualifications and service certificates; and |
| (b) | a security clearance of top secret being obtained. |
2. Remuneration
| 2.1 | The remuneration that the Employee shall receive as from the date of assuming duty as stated in clause 1, shall be as agreed from time to time in writing between the parties. |
2.2 The salary and benefits will be payable in twelve (12) equal monthly instalments.
| 2.3 | The general conditions of service and benefits of the Employee shall be as stipulated and provided for by the Act and these Regulations. The parties to this Contract accept that the general conditions of service and benefits may be changed from time to time by means of collective agreements or by determinations and directives by the Minister of Police. |
| 2.4 | Subject to section 7(4)(b) of the Public Service Act, 1994, the Employee will also qualify for participation in other benefits and special privileges normally bestowed upon a Head of Department as set out in this Contract or other applicable prescripts. |
| 2.5 | When required from the Employee to perform official duties away from his or her headquarters, the Employee shall travel at the expense of the Employer and shall be paid a subsistence and travelling allowance as may from time to time be determined. |
3. Termination of Employment
| 3.1 | The term of office of the Employee may be terminated as provided for in the Act. |
| 3.2 | Pension and other payable benefits are directly linked to the specific section of the Act which is utilised, as regulated by the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996), the regulations promulgated thereunder as applicable to a Head of Department and these Regulations. |
| 3.3 | Subject to the provisions of the Act, either party may, after consultation and agreement with the other party, terminate this Contract before the expiry of its term or an extended term by giving to the other party three months' notice of termination, which notice shall be given in writing on or before the last day of a month and take effect on the first day of the succeeding month. |
| 3.4 | Should notice of termination be given as contemplated in clause 3.3, the Employer has the right to require the Employee to vacate the office occupied by him or her and to leave the premises of the Department on a day stipulated by the Employer before the expiry of the three months' notice period and not to present himself or herself for duty any time thereafter. |
| 3.5 | Should the Employer invoke the provisions of clause 3.4, the Employee will still be entitled to all such benefits as contained in the relevant prescripts. |
| 4. | Renewal and extension of term of office |
| 4.1 | The Employer shall, in writing, inform the Employee at least two calendar months prior to the expiry of the term contemplated in clause 1 (above) whether he or she proposes to retain such an Employee in service for any extended period not exceeding 5 years (60 calendar months). If the Employee is so informed, he or she shall in writing inform the Employer, within one calendar month from the date of that communication, of his or her acceptance or not of such extended employment. |
| 4.2 | In the event that agreement is reached that the Employee shall enter into a further contract on termination or completion of this Contract, the continued service of the Employee will be recognised under the new contract so as to avoid any break of service and any accrued or pro rata entitlement will be carried forward into the new contract. |
| 4.3 | Should the Employer not renew the contract period beyond the initial period as stated in clause 1 (above), the Employee shall be entitled to the pension and other benefits directly linked to the specific section of the Act in terms of which his or her services are terminated. |
5. Conduct
5.1 The Employee undertakes—
| 5.1.1 | not to, without the applicable consent and during his or her employment or at any time thereafter, disclose any record, as defined in section 1 of the Promotion of Access to Information Act, 2000 (Act No 2 of 2000), that must or may be refused upon a request for access to a record of a public body in terms of that Act; |
| 5.1.2 | not to, during his or her employment or at any time thereafter, use any record so defined and obtained as a result of his or her employment, to the detriment of the State, except if it is used in the exercise or protection of any right, or legitimate expectation, conferred by law; |
| 5.1.3 | if so requested by the Employer during his or her employment or on the termination of his or her employment, to submit to the Employer any record so defined and in the Employee's possession as a result of his or her employment and not to retain any copies of or extracts from such record, except with consent of the Employer; and |
| 5.1.4 | to comply with the prescribed Code of Conduct. |
| 5.2 | The Employee— |
| 5.2.1 | acknowledges that he or she fully understands the implications of this clause; |
| 5.2.2 | agrees that this clause is, after taking all relevant circumstances into account, reasonable and necessary for the proper protection of the interests of the Employer and that if he or she should at any time dispute the reasonableness of this clause, the onus of proving such unreasonableness will be upon him or her; and |
| 5.2.3 | acknowledges that he or she enters into this Contract freely and voluntarily and that no circumstances exist for him or her to allege, either now or at any future time, that he or she was at a disadvantage in agreeing to the restraints set out in this clause or was other than in an equal bargaining position with the Employer in agreeing to such restraints. |
| 6. | Additional terms and conditions |
The Employer and the Employee hereby agree to the following additional terms and conditions as contemplated in section 12(4) of the Public Service Act, 1994 (delete if not applicable):
| 6.1 | The Employee shall enter into an annual performance agreement with the Minister, linked to a specific financial year, which shall include at least the following: |
| 6.1.1 | Salary increases will be based on the performance of the Employee. Performance will be assessed in accordance with his or her responsibilities and key performance areas contained in his or her performance agreement and the extent to which the Employee complied therewith. Salary increases for the Employee will be based on individual consultation. The Employee and the Employer must consult annually regarding his or her salary increase and cash bonus within the restrictions of the budget based on the performance of the Employee. In consulting on the salary increase and cash bonus of the Employee, the guidelines forwarded by the Minister for Public Service and Administration should always be borne in mind. |
| 6.1.2 | An annual performance agreement provided for in terms of clause 6.1 linked to a specific financial year, stating clear performance areas/criteria/deliverables of the Department and the Employee must be entered into for the duration of this Contract. As performance agreements are linked to financial years, it should be entered into and presented to the Employer at the latest on 30 April every year for the duration of this Contract. The Employee should enter into his or her first performance agreement not later than three months after assumption of duty. |
| 6.1.3 | The performance agreement shall be revised if, at any time during its term, the work or environment of the Department or the Service is so altered (whether as a result of Government or management decision or otherwise) that the contents of it are no longer appropriate. |
| 6.1.4 | This Contract is directly linked to the performance agreement referred to in clause 6.1. In the event that the Employee does not achieve the objectives/milestones of the Department as set out in the performance agreement, the Employee acknowledges that the Employer may deal with him or her, in accordance with the relevant labour legislation and any other directives issued by the Minister. |
7. General
| 7.1 | Good faith |
In the implementation of this Contract, the parties undertake to observe the utmost good faith and they warrant in their dealing with each other that they will neither do nor refrain from doing anything which might prejudice or detract from the rights, assets or interests of the other of them.
| 7.2 | Applicability of the Act and the Public Service Act |
Any matters arising from this Contract, which are not specifically provided for herein, shall be dealt with in accordance with the provisions of the Act, the Public Service Act, 1994, regulations issued under these Act, and any other legal provisions applicable to the Employee.
7.3 Interpretation of this Contract
The interpretation of this Contract shall be governed by the laws and legal principles applicable in the Republic of South Africa.
7.4 Jurisdiction of courts
The Employee submits to the jurisdiction of the Courts of the Republic of South Africa in the event of any legal proceedings arising from the provisions of this Contract.
| 7.5 | Variation |
| 7.5.1 | This Contract constitutes the whole of the agreement between the parties to this Contract relating to the subject matter of this Contract, and save as otherwise provided, no amendment, alteration, addition or variation of any term of this Contract will be of any force or effect unless reduced to writing and signed by the parties to this Contract. |
| 7.5.2 | The parties agree that there are no other conditions, warranties or representations, whether oral or in writing and whether express or implied or otherwise, save those contained in this Contract, the Act, the Public Service Act, 1994, regulations issued under these Acts, collective agreements and other relevant legislation (e.g. Government Employees Pension Law, 1996). |
7.6 Waiver
No waiver of any of the terms and conditions of this Contract will be binding for any purpose unless reduced to writing and signed by the parties to this Contract, and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either party in exercising any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege by that party.
8. Notice and Domicilium
| 8.1 | The parties choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary in terms of this Contract, the following addresses: |
Employer |
Employee |
|
Physical address |
|
|
Postal address |
|
|
Fax number |
|
|
Provided that a party report any change to his or her address to any other physical address or postal address by written notice to the other party to that effect. Such change of address will be effective seven days after receipt of notice of the change of address.
| 8.2 | All notices to be given in terms of this Contract will— |
| 8.2.1 | be given in writing; or |
| 8.2.2 | be delivered or sent by prepaid registered post or by fax; and |
| 8.2.3 | if delivered, be presumed to have been received on the date of delivery; or |
| 8.2.4 | if sent by prepaid registered post, be presumed to have been received within three working days of posting unless the contrary is proved; or |
| 8.2.5 | if sent by fax, be presumed to have been received on the first working day following the date of sending of the fax unless the contrary is proved. |