South African Police Service Act, 1995 (Act No. 68 of 1995)RegulationsSouth African Police Service Discipline Regulations, 20166. Disciplinary officers |
| (1) | The National - and Provincial Commissioner must each designate in writing an employee as a disciplinary officer. |
| (2) | The disciplinary officer designated by the National - or Provincial Commissioner may — |
| (a) | upon a complaint of any person, initiate an investigation concerning alleged misconduct and cause an employee to be charged for misconduct in accordance with these Regulations; and |
| (b) | perform all functions relating to the exercise of such power. |
| (3) | The disciplinary officer designated by the National Commissioner is responsible for administrative matters including the development and maintenance of uniform standards relating to the functions of provincial disciplinary officers and employer representatives and has the final say in respect of all disputes that may arise between disciplinary officers. |
| (4) | The National - and Provincial Commissioner, after consulting with the disciplinary officer concerned, may in writing designate in general or in a specific case, an employee or category of employees as employer representatives, who may, as the representatives of such disciplinary officer and subject to his or her control and directions, charge any employee with misconduct and perform all functions relating to the exercise of such power. |
| (5) | The National - or Provincial Commissioner may, in exceptional circumstances, after consulting with the disciplinary officer concerned, in writing designate a person other than an employee as employer representative to represent the employer in a particular case and who may, as the representative of the disciplinary officer concerned and subject to his or her control and directions, charge any employee with misconduct and perform all functions relating to the exercise of such power. |
| (6) | An employer representative must exercise his or her powers and perform his or her functions subject to the control, orders and instructions of the National Commissioner and the relevant Provincial Commissioner. |
| (7) | The National - or relevant Provincial Commissioner may reverse any decision before a formal hearing arrived at by an employer representative under his or her jurisdiction and may, in general or in respect of a specific matter, exercise any part of such power or perform any such function: Provided that the National Commissioner may issue orders and instructions to Provincial Commissioners and may reverse any decision arrived at by a Provincial Commissioner or an employer representative in terms of these Regulations, whether on his or her own initiative or upon receipt of representations by any person. |