South African Police Service Amendment Act

Link to law: http://www.gov.za/documents/south-african-police-service-amendment-act-2
Published: 2012-09-14

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South African Police Service Amendment Act 10 of 2012
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions.
This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 567 Cape Town 14 September 2012 No. 35663
THE PRESIDENCY No. 729 14 September 2012
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
Act No. 10 of 2012: South African Police Service Amendment Act, 2012

2 No. 35663 GOVERNMENT GAZETIE, 14 SEPTCMBER 2012
Act No. 10 of2012 SOU'lliAFRJCAN POLICE SERVICE AMENDMENT ACT, 2012
GENERAL EXPLANATORY NOTE:
Words in bold type in square brackets indicate omissions from existing enacunents.
Words underlined with a solid line indicate insenions in existing enacunents.
(English text signed by the President) (Assented to 13 September 2012)
ACT To amend the South African Police Service Act, 1995, in order to align the provisions relating to the Directorate for Priority Crime lnvestigat1on with a judgment of the Constitutional Court; to amend those provisions in order to ensure that the Directorate has the necessary structural and operational independence to fulfil its mandate without undue Interference; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:- Amendment of section 6 of Act 68 of 1995
1. Section 6 of the South African Police Service Act, 1995 (Act No. 68 of 1995) (hereinafter referred to as the principal Act), is hereby amended by the substitution for 5 subsections (1) and (2) of the following subsections, respectively:
"(l) There shall be a National Conunissioner of the Service who shall be appointed in accordance with section [216(2)(a)] 207(1) of the Constitution of the Republic of South Africa, 1996.
(2) There shall be a Provincial Conunissioner of the Service for each province 10 who shall be appointed by the National Conunissioner subject to section [218(1)(b)] 207(3) of the Constitution of the Republic of South Africa, 1996.".
Amendment of section 11 of Act 68 of 1995
2. Section 11 of the principal Act is hereby amended- (a) by the substitution for subsection (1) of the following subsection: 15
"(1) The National Commissioner [may exercise the powers and shall perform the duties and functions necessary to give effect to section 218(1) of the Constitution] shall exercise control over and manage the police service in accordance with section 207{2) of the Constitution of the Republic of South Africa, 1996."; and 20
(b) by the substitution in subsection (2) for the words preceding paragraph (a) of the following words:
"(2) Without derogating from the generality of subsection (l), the [powers, duties and functions referred to In that subsection shall include the power, duty and function to] National Commi~sioner 25 shall-".
4 No. 35663 GOVERNMENT GAZETTE, 14 SEPTEMBER 2012
Aet No. 10 ofllll SOUTII AFRICAN POLICE SERVICE AMENDMENT ACf, 2012
Amendment of section 16 of Act 68 of 1995, as amended by section 2 of Act 57 of 2008
3. Section 16 of the principal Act is hereby amended- (a) by the substitution in subsection (2) for paragraph (h) of the following
paragraph: 5 "(h) which a Provincial Commissioner requests the National [Commis-
sioner] Head of the Directorate for Priority Crime Investigation, referred to in section 17C(2), to prevent or investigate by employing expertise and making resources available at national level and to which request the National [Commissioner] Head of the Director- 10 ate for Priority Crime Investigation accedes in accordance with the approved policy guidelines;";
(b) by the substitution for subsection (3) of the following subsection: "(3) In the event of a dispute between the National [Commissioner]
Head of the Directorate for Priority Crime Investigation and the National 15 Commissioner or the National Head for Priority Crime Investigation and a Provincial Commissioner regarding the question whether criminal conduct or endeavour thereto [should be regarded as organised crime, crime which requires national prevention or Investigation or crime which requires speclallsed skills In the investigation and prevention 20 thereof] falls within the mandate of the Directorate, the determination by the National [Commissioner] Head of the Directorate for Priority Crime Investigation in accordance with the approved policy guidelines, shall prevail.";
(c) by the substitution in subsection (4) for paragraphs (b) and (c) of the following 25 paragraphs, respectively:
"(b) Where an investigation of a crime or alleged crime reveals that the circumstances referred to in subsection (2) are present, the Provincial Commissioner shall report the matter to the National [Commissioner] Head of the Directorate for Priority Crime Investigation as soon as 30 possible.
(c) The National [Commissioner] Head of the Directorate for Priority Crime Investigation may, [In] after consultation with the Provincial Commissioner concerned, notwithstanding the presence of the circum- stances referred to in subsection (2), direct that the investigation or any 35 part thereof, be conducted by the Provincial Commissioner; and
(d) by the addition of the following subsection: "(5) All members of the Service shall cooperate with one another in
accordance with the principles provided for in Chapter 3 of the Constitution of the Republic of South Afric;: Crime Investigation referred to in section l7C of the South African Police ServiceAct1 19951 {Act No. 68 of 1995V; and
(b) by the substitution for paragraphs (a) and (b) of subsection (3) of the following paragraphs:
"(a) Upon receipt of a repon referred to in subsection (1), the police official concerned must take down the repon in the manner di- reeled by the National [Commissioner]~ of the Directorate for Priori!_>:: Crime Investiga- tion1 aE~inted in terms of section J7q2l(al of the South African Police Service Act, 199S, (Act No. 68 of 1995), and forthwith provide the person wbo made the report with an aclrnowl- edgment of receipt of sucb report.
(b) The National [Commissioner] Head of the Directorate for Prion!_>:: Crime lnvestigation1 must within three months of the commence- ment of [this Act) the South African Poljce Service Amendment Act. 2012. publi~h the di- rections contemplated 10 paragraph (a) in the Gaz.ene1 during which ~riod an~ existin& no- lice issued in terms of the Act shall remrun in force.".