South African Police Service Act, 1995 (Act No. 68 of 1995)

Regulations

South African Police Service Discipline Regulations, 2016

1. Definitions

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In these Regulations, unless the context otherwise indicates—

(a) "calendar day"

means any day including a Saturday, Sunday and a public holiday and any period of calendar days must be calculated by excluding the first day of the period and including the last day of the period, unless the last day falls on a Saturday, Sunday or a public holiday, in which case the lest day will be deemed to be the first working day following upon that day;

(b) "Chairperson"

means the person appointed in terms of regulation 11(1) to preside at the disciplinary hearing;

(c) "employee"

means any person employed by the South African Police Service whether in terms of the South African Police Service Act, 1995 or the Public Service Act, 1994 excluding the National Commissioner and the Provincial Commissioners;

(d) "Employer"

means the National Commissioner or any person delegated by him or her to perform any function in terms of these Regulations;

(e) "employer representative"

means an employee designated in general or in a particular case by the employer in terms o regulation 8(4) to consider whether to charge an employee for misconduct in a disciplinary hearing and, in the event of serious misconduct, to represent the employer during the whole disciplinary process;

(f) "follow employee"

means any union representative or an employee employed by the Service from the same unit, station or component of the employee charged with misconduct;

(g) "legal practitioner"

means a person who is admitted to practice as an advocate or an attorney in South Africa;

(h)"misconduct"

means conduct set out in regulation 5(3);

(I) "recognized trade union"

means all the unions admitted to the Safety and Security Sectoral Bargaining Council (SSSBC);

(j) "SSSBC"

means the Safety and Security Sectoral Bargaining Council;

(k) "supervisor"

means any employee assigned with the responsibility to exercise supervision over employees resorting directly under him or her;

(I) "union official"

means a person employed by a recognized trade union in any capacity, either in a full-time or temporary capacity;

(m) "union representative"

means a member of a recognized trade union who is elected to represent employees at a workplace, or a union official or a full-time shop steward; and

(n) "working day"

means any day other than a Saturday, Sunday or public holiday.