South African Police Service Act, 1995 (Act No. 68 of 1995)RegulationsSouth African Police Service Discipline Regulations, 201611. Conducting the disciplinary hearing |
| (1) | The employer must appoint a person as the chairperson of the hearing. Such person must be an employee: Provided that the National - or Provincial Commissioner may, in exceptional circumstances, appoint a person other than an employee as chairperson of the hearing. |
| (2) | In the event of an employee being appointed as chairperson, the employee must be or a higher rank than the employee charged with misconduct. |
| (3) | An employee may be represented in the hearing by a fellow employee or a person employed by a recognised trade union. |
| (4) | In a disciplinary hearing, neither the employer nor the employee may be represented by a legal practitioner, unless— |
| (a) | the legal practitioner is employed by a recognised trade union, or |
| (b) | the chairperson, after hearing the employer representative and the employee or the fellow employee or person appointed by a recognized trade union, is of the opinion that the matter to be heard is of a serious nature, |
in which case both the employee and employer may be represented by a legal practitioner.
| (5) | If necessary, the employer representative must arrange for an interpreter to attend the hearing and the interpreter must be properly sworn in by the chairperson. |
| (6) | The chairperson must ensure that record is kept of the proceedings at the disciplinary hearing. |
| (7) | The employer representative will lead evidence on the conduct giving rise to the hearing. The employee or the representative of the employee may question any witness called by the employer representative. |
| (8) | The employee will be given an opportunity to lead evidence. The employer representative may question any witnesses called. |
| (9) | The chairperson may only ask any question for clarification on evidence led. |
| (10) | The chairperson may on request by any party, subpoena any person to testify at a disciplinary hearing and such a request may not be unreasonably denied. |
| (11) | Should the chairperson find that the employee has committed misconduct, the chairperson must inform the employee of the finding and the reasons therefor. |
| (12) | Before deciding on a sanction, the chairperson must give the employee an opportunity to present relevant circumstances In mitigation. The employer representative may also present aggravating circumstances. |
| (13) | if the chairperson finds that an employee has committed misconduct, the chairperson must pronounce a sanction on the day of the hearing or within five (5) working days thereafter. The seriousness of the misconduct, the previous record of the employee and any mitigating or aggravating circumstances must be taken into account. |
| (14) | A disciplinary hearing must as far as practically possible, be finalised within sixty (60) calendar days from the commencement from the hearing. |