South African Police Service Amendment Act

Link to law: http://www.gov.za/documents/south-african-police-service-amendment-act-1
Published: 2009-01-30

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
South African Police Service Amendment Act 57 of 2008


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 523 Cape Town 30 January 2009 No. 31857
THE PRESIDENCY No. 84 30 January 2009
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 57 of 2008: South African Police Service Amendment Act, 2008.

2 No. 31857 GOVKRNMKNT GAZETTE, 30 JANUARY 2009
Act No. 57, 2008 SOUTH AFRICAN POLICE SERVICE AMENDMENT ACT. 2008
G E N E R A L E X P L A N A T O R Y N O T E :
[ ] Words in bold type in square brackets indicate omiss ions from exist ing enac tments .
Words underl ined with a solid line indicate insertions in exist ing enac tments .
(English text signed by the President.) (Assented to 27 January 2009.)
ACT To a m e n d the South Afr ican Police Service Act , 1995, in order t o —
• enhance the capaci ty of the South African Police Service to prevent , c o m b a t and invest igate national priority cr imes and other cr imes , by establ ishing a separate Div is ion in the South African Police Service , the Directorate for Priority C r i m e Invest igat ion;
• provide for the transfer of p o w e r s , invest igat ions, assets , budget and liabilities of the Directorate of Special Operat ions , es tabl ished in terms of the National Prosecut ing Author i ty Act , 1998, to the South African Police Service;
• provide for the appo intment of the H e a d of the Directorate for Priority C r i m e Invest igat ion;
• ensure a mult i -discipl inary and integrated approach in the prevent ion, combat ing and invest igat ion of the above cr imes by providing for the s e c o n d m e n t of personnel from other G o v e r n m e n t depar tments or institutions to the Directorate for Priority C r i m e Invest igat ion;
• provide for the security screening of and integrity measures for personnel of the Directorate for Priority C r i m e Invest igat ion;
• provide for the des ignat ion by the President of a Ministerial C o m m i t t e e to oversee the funct ioning of the Directorate for Priority Cr ime Invest igat ion;
• provide for the establ i shment of a n Operat ional Commit t ee compris ing senior officials to facil itate, review, moni tor and improve inter-depart­ mental co-operat ion;
• provide for Par l iamentary overs ight in respect of the activit ies of the Directorate for Priority C r i m e Invest igat ion;
• provide for the es tabl i shment of a m e c h a n i s m to deal with compla ints of a serious nature pertaining to the Directorate for Priority C r i m e Invest igat ion;
• provide for transit ional arrangements , including the select ion of person­ nel, to implement the Act; and
• provide for matters connected thereto .

4 No. 31857 GOVKRNMHNT GAZETTK, 30 JANUARY 2009
Act No. 57, 2008 SOUTH AFRICAN POLICE SERVICE AMENDMENT ACT, 2008
" Q A R L I A M E N T of the Republic of South Africa enacts as folk
A m e n d m e n t of sect ion 5 of Act 68 of 1995
1. Section 5 of the South African Police Service Act, 1995 (hereinafter referred to as the principal Act) , is hereby a m e n d e d — 5
(a) by the substitution in subsection (2) for paragraphs (b) and f t ) of the following paragraphs:
"(b) members appointed in terms of section 28(2) of this Act; [and] (c) persons w h o become members of the Reserve under section 48(2)
of this Act; a n d " ; and 10 (b) by the addition in subsection (2) of the following paragraph:
"(d) members appointed to the Directorate for Priority Cr ime Invest iga­ tion established by section 1 7 C " .
A m e n d m e n t of section 16 of Act 68 of 1995
2. Section 16 of the principal Act is hereby a m e n d e d — 15 (a) by the substitution in subsection (2) for paragraph (a) of the fol lowing
paragraph: "(a) by a person, group of persons or syndicate acting i n —
(i) an organised fashion; or (ii) a manner which could result in substantial financial gain for 20
the person, group of persons or syndicate invo lved . " ; (b) by the delet ion in subsection (2) of the word "and*' at the end of paragraph (/): (c) by the insertion in subsection (2) of the following paragraph after paragraph
(')• "(7A) in respect of the commiss ion of any alleged offence ment ioned in 25
the Schedule; o r " ; (d) by the substitution in subsection (2) for paragraph (j) of the fol lowing
paragraph: "(j) in respect of which the prevention or investigation by members
under the c o m m a n d of a Provincial Commiss ioner will de t r imcn- 30 tally affect or hamper the prevention or investigation of c i rcum­ stances referred to in paragraphs (a) to [(/)] ( /A) . " ; and
(e) by the insertion after subsection (2) of the following subsection: " (2A) For the purpose of subparagraph (a)(\), 'organised fashion'
includes the planned, ongoing, cont inuous or repeated part icipation, 35 involvement or engagement in at least two incidents of criminal or unlawful conduct that has the same or similar intents, results , accom­ plices, vict ims or me thods of commiss ion , or otherwise are related by dist inguishing character is t ics ." .
Insertion of Chapter 6A in Act 68 of 1995 4 0
3. The following Chapter is hereby inserted in the principal Act after Chapter 6:
" C H A P T E R 6A
D I R E C T O R A T E F O R P R I O R I T Y C R I M E I N V E S T I G A T I O N
Definitions
17A. In this Chapter , unless the context otherwise ind ica tes— 45 'Directorate ' means the Directorate for Priority Cr ime Invest igat ion, established by section 17C; 'Ministerial C o m m i t t e e ' means the Commi t t ee referred to in section 171(1); 'national priority offence' means organised cr ime, cr ime that requires 50 national prevention or investigation, or cr ime which requires specialised skills in the prevention and investigation thereof, as referred to in section 16(1); and 'Operat ional Commit t ee ' means the Operat ional Commi t tee establ ished by section I7J. 55

6 No. 31857 GOVERNMENT GAZETTE. 30 JANUARY 2009
Act No. 57, 2008 SOUTH AFRICAN POLICE SERVICE
AMENDMENT ACT. 2008
Applicat ion of Chapter
17B. In the application of this Chapter the following should be recognised and taken into acc unt: (a) The need to establish a Directorate as a Division of the Service to
prevent, combat and investigate national priority offences, in particu­ lar serious organised cr ime, serious commerc ia l cr ime and serious corruption.
(b) The need to ensure that the Di rec tora te— (i) implements , where appropriate , a mult i-disciplinary approach
and an integrated methodology involving the co-operat ion of all relevant Government depar tments and insti tutions;
(ii) has the necessary independence to perform its functions; (iii) is equipped with the appropriate human and financial resources
to perform its functions; (iv) is staffed through the transfer, appointment , or secondment of
personnel whose integrity is beyond reproach.
Establ i shment and composit ion of Directorate
17C. (1) The Directorate for Priority Cr ime Invest igat ion is hereby established as a Division of the Service.
(2) The Directorate c o m p r i s e s — (a) the Head of the Directorate, w h o shall be a Deputy National
Commiss ioner appointed by the Minister in concurrence with Cabinet ; (b) persons appointed by the National Commiss ione r on the recommen­
dation of the Head of the Directorate on the basis of the required level of experience, training, skills, competence or knowledge ;
(c) an adequate number of legal officers appointed to the Directorate: and (d) officials from any Government depar tment or institution, seconded to
the Directorate in terms of laws governing the public service. (3) The Minister shall report to Parl iament on the appointment of the
Head of the Directorate.
Funct ions of Directorate
17D. (1) The functions of the Directorate are to prevent, combat and invest igate— (a) national priority offences, which in the opinion of the Head of the
Directorate need to be addressed by the Directorate, subject to any policy guidelines issued by the Ministerial Commi t t ee : and
(b) any other offence or category of offences referred to it from lime to t ime by the National Commiss ioner , subject to any policy guidel ines issued by the Ministerial Commit tee .
(2) If, during the course of an investigation by the Directorate, evidence of any other cr ime is detected and the Head of the Directorate considers it in the interests of just ice , or in the public interest, he or she may extend the investigation so as to include any offence which he or she suspects to be connected with the subject of the investigation.
(3) The Head of the Directorate may. if he or she has reason to suspect that a national priority offence has been or is being commit ted , request the National Director of Public Prosecut ions to des ignate a Director of Public Prosecut ions to exercise the powers of section 28 of the National Prosecut ing Authority Act, 1998 (Act No . 32 of 1998).

8 No. 31857 GOVERNMENT GAZETTE, 30 JANUARY 2009
Act No. 57, 2008 SOUTH AFRICAN POLICE SERVICE
AMENDMENT ACT. 2008
Security screening and integrity measures
17E. (1) Any person w h o is considered for appoin tment in, or secondment to, the Directorate, shall be subject to security screening investigation in terms of and in accordance with section 2A of the National Strategic Intell igence Act, 1994 (Act N o . 39 of 1994).
(2) No person may be appointed to the Directorate un l e s s— (a) a security c learance has been issued to that person in terms of section
2A(6) of the National Strategic Intell igence Act , 1994. by the Head of the Cr ime Intell igence Division of the Service;
(b) a security c learance on the required level and which is still valid has been issued to the person in quest ion in terms of section 2A(6) of the National Strategic Intell igence Act, 1994; or
(c) a temporary security clearance has been issued by the Head of the Cr ime Intell igence Division of the Service after the person had submitted an application to the Head of the Cr ime Intel l igence Division to have a security screening investigation conducted .
(3) Any appointment on the basis of a temporary security c learance shall be subject to the finalisation of the security screening investigation and the issuing of a security clearance in terms of section 2A(6) of the National Strategic Intell igence Act. 1994.
(4) Whenever the Head of the Cr ime Intell igence Divis ion of the Service in terms of section 2A(6) of the National Strategic Intel l igence Act, 1994. upon reasonable grounds, degrades , wi thdraws or refuses a security clearance, the National Commiss ioner may transfer such person from the Directorate, or if such person cannot be redeployed e lsewhere in the Service, discharge him or her, subject to the provis ions of section 34.
(5) A member of the Directorate may from t ime to t ime, or at such regular intervals as the Head of the Directorate may determine , be subjected to a further security screening investigation.
(6) If, upon information at the disposal of the Head of the Directorate , he or she reasonably believes that the person concerned poses a security risk, he or she may require the member to undergo a further security screening investigation.
(7) (a) Any member of the Directorate must, in the prescribed manner and al the prescribed intervals, disclose his or her prescribed financial and other interests and those of his or her immedia te family m e m b e r s .
(b) For the purpose of paragraph (a), ' immedia te family m e m b e r ' refers to the spouse, civil partner or permanent life partner of that member , and includes dependent children of. and dependent family member s l iving in the same household with that member .
(8) (a) The Minister may prescribe measures for integrity testing of members of the Directorate, which may include random entrapment , testing for the abuse of alcohol or drugs, or the use of the polygraph or similar instrument to ascertain, confirm or examine in a scientific manner the truthfulness of a statement made by a person.
(b) The necessary samples required for any test referred to in paragraph (a), may be taken, but any sample taken from the body of a m e m b e r may only be taken by a registered medical practit ioner or a registered nurse.
(c) The Minis ter shall prescribe measures to ensure the confidentiality of information obtained through integrity testing, if such measures are prescribed in terms of paragraph (a).
Multi -disc ipl inary approach
17F. (1) Government depar tments or institutions shall, when required to do so, take reasonable steps to assist the Directorate in the achievement of its objectives.

10 No. 31857 GOVERNMENT GAZETTE. 30 JANUARY 2009
Act No. 57, 2008 SOUTH AFRICAN POLICE SERVICE AMENDMENT ACT. 2008
(2) The National Commiss ione r shall request the secondment of personnel from any other Government depar tment or institution, wheneve r the Head of the Directorate requests such secondment .
(3) The Directorate shall be assisted in the performance of its functions by personnel seconded by relevant Government depar tments or insti tutions, which may include personnel from the South African Revenue Service , the Financial Intell igence Centre and the Depar tment of H o m e Affairs.
(4) The National Director of Public Prosecut ions must ensure that a dedicated component of prosecutors is available to assist and co-opera te with members of the Directorate in conduct ing its invest igat ions.
(5) The Director-General of the Government depar tment or Head of the relevant Government institution, referred to in subsection (2), shall upon request by the National Commiss ioner , identify suitable personnel to be seconded to the Directorate upon such terms and condi t ions as may be agreed upon between the National Commiss ione r and the Director-General 15 of the depar tment or Head of the Government institution concerned.
(6) Without derogat ing from the functions of the Service in respect of c r ime intelligence, as provided for in the National Strategic Intel l igence Act, 1994 (Act N o . 39 of 1994), the Directorate shall be supported by the Cr ime Intell igence Division of the Service to gather, correlate, evaluate , 20 co-ordinate and use cr ime intell igence in the performance of its functions.
(7)(a) If the National Commiss ioner so requests , any person seconded in terms of subsection (3) shall retain the powers , dut ies and functions endowed by any law governing the powers , duties and functions of that depar tment or institution, and that person may exercise such powers , duties 25 and functions under the command of the Head of the Directorate or his or her delegate , but subject to such condi t ions as may be determined by the Head of the seconding Government depar tment or institution.
(b) A person seconded under paragraph (a) shall in the performance of his or her functions act in terms of the laws applicable to the Governmen t 30 depar tment or institution from which he or she is seconded, subject to such condit ions as may be agreed upon by the National Commiss ione r and the Director-General of the Government Depar tment or Head of the Govern- ment institution.
Condit ions of service 35
17G. The remunerat ion, a l lowances and other condi t ions of service of members of the Directorate shall be regulated in terms of section 24.
Finances and financial accountabil i ty
17H. (1) Expendi ture in connect ion with the adminis t rat ion and
designate a Ministerial Commit tee which shall inc lude— (a) at least the Ministers for—
(i) Safety and Security; (ii) Finance;
(iii) H o m e Affairs;
4 0 functioning of the Directorate must be paid from monies appropriated by Par l iament for this purpose to the depar tmental vote in terms of the Publ ic Finance Managemen t Act , 1999 (Act N o . 1 of 1999).
(2) The National Commiss ioner is the account ing officer for the monies referred to subsection (1).
Coordinat ion by Cabinet 45
171. ( I ) The President shall for purposes of subsect ions (2) and (3)
50

12 No. 31857 GOVERNMENT GAZETTE. 30 JANUARY 2009
Act No. 57, 2008 SOUTH AFRICAN POLICE SERVICE AMENDMENT ACT. 2008
(iv) Intell igence; and (v) Justice; as well as
(b) any other Minister designated from t ime to t ime by the President. (2) The Ministerial Commi t tee may de t e rmine—
(a) policy guidelines in respect of the functioning of the Directorate; (b) policy guidelines for the selection of national priority offences by the
Head of the Directorate in terms of section )lD(\)(a); (c) policy guidel ines for the referral to the Directorate by the National
Commiss ioner of any offence or category of offences for investigation by the Directorate in terms of section 17D(!)(/?);
(d) procedures to coordinate the activities of the Directorate and other relevant Government depar tments or insti tutions.
(3) (a) The Ministerial Commi t t ee shall oversee the functioning of the Directorate and shall meet as regularly as necessary, but not less that four t imes annually.
(b) The National Commiss ioner and the Head of the Directorate shall , upon request of the Ministerial Commit tee , provide performance and implementat ion reports to the Ministerial Commi t t ee .
Operat ional Commit tee
17J. (\)(a) There is hereby established a commit tee , to be known as the Operat ional Commit tee , which c o m p r i s e s — (i) the National Commiss ioner , as chairperson;
(ii) the Head of the Directorate, as deputy chairperson; (iii) the National Director of Public Prosecut ions; (iv) the Directors-General of Finance, Justice and Consti tut ional Deve lop­
ment , the National Intell igence Agency and H o m e Affairs; (v) the Commiss ioner of the South African R e v e n u e Service;
(vi) the Head of the Financial Intell igence Cent re ; and (vii) such other persons as the Operational Commi t t ee may require from
time to t ime, for the duration de termined by the Operat ional Commit tee .
(b) An official at the rank of at least an Assistant Commiss ione r or Chief Director may be designated on a permanent basis to represent any official mentioned above if he or she is not available: Provided that the official listed in paragraph (a) may also attend.
(2) The Operational Commit tee sha l l— (a) review, monitor and facilitate the support and assistance of the
respective Government depar tments or institutions to the Directorate as well as secondments to the Directorate, and address problems which arise regarding such support and assis tance;
(b) perform such functions as from t ime to t ime may be directed by the Ministerial Commi t t ee :
(c) report to the Ministerial Commi t t ee on interdepartmental assistance to and co-operat ion with the Directorate; and
(d) meet as regularly as required to fulfill its functions, but not less than four t imes annually.
Parl iamentary oversight
17K. (1) Parl iament shall effectively oversee the functioning of the Directorate and the commit tees established in terms of this Chapter .
(2) The National Commiss ioner shall include in the annual report to Parl iament in terms of section 55(d) of the Public F inance Managemen t Act, 1999 (Act No . 1 of 1999). a report in respect of the activities of the Directorate.

14 No. 31857 GOVERNMENT GAZETTE. 30 JANUARY 2009
Act No. 57, 2008 SOUTH AFRICAN POLICE SERVICE AMENDMENT ACT. 2008
(3) In addition to the annual report ment ioned in subsect ion (2), the Head of the Directorate shall at any t ime when requested to d o so by Parl iament , submit a report on the activities of the Directorate .
(4) The Minister shall submit to Par l iament any policy guidel ines referred to in section \ll(2)(a), (b) and (c) for approval .
(5) Policy guidel ines referred to in section 17I(2)(a), (b) and (c) submitted for approval to Parl iament that are not approved within three months of submission shall be deemed to be approved.
(6) The Minis ter shall, not later than three years after the c o m m e n c e m e n t of this section, submit a report to Par l iament on whether any legislative amendment s are required to improve the functioning of the Directorate .
Compla ints mechan i sm
17L. (1) (a) The Minister shall, after consul tat ion with the Minis ter of Justice and the Chief Justice, appoint a retired j u d g e in order to invest igate complaints referred to in subsection (4).
(b) For purposes of paragraph (a) ' retired j u d g e ' shall mean a j u d g e discharged from active service as referred to in the J u d g e s ' Remunera t ion and Condi t ions of Employment Act . 2001 (Act N o . 47 of 2001) .
(2) The performance of the functions provided for in respect of the retired j u d g e does not derogate from the powers of the Independent Compla in t s Directorate referred to in section 50 to invest igate compla in ts in respect of any member , including m e m b e r s in the Directorate for Priority Cr ime Investigation.
(3) The retired judge shall not invest igate compla in ts about intel l igence matters falling under the jur isdict ion of the Inspector-General of Intelli­ gence.
(4) The retired judge may receive compla in ts in the prescr ibed form and manner f rom— (a) any member of the public who can provide evidence of a serious and
unlawful infringement of his or her r ights caused by an investigation by the Directorate; or
(b) any member of the Directorate w h o can provide evidence of any improper influence or interference, whether of a political or any other nature, exerted upon him or her regarding the conduct ing of an investigation.
(5) The retired judge may upon receipt of a compla in t invest igate such complaint or refer it to be dealt with by, amongst others , the Secretariat , the Independent Complaints Directorate, the National Commiss ioner , the Head of the Directorate, the relevant Provincial Commiss ioner , the Nat ional Director of Public Prosecut ions, the Inspector-General of Intel l igence, or any institution ment ioned in chapter 9 of the Const i tut ion of the Republ ic of South Africa, 1996.
(6) The retired judge shall report the ou tcome of any invest igat ion undertaken by him or her or any referral to the Minister .
(7) The retired judge may request and obtain information from the National Director of Public Prosecut ions in so far as it may be necessary for the judge to conduct an investigation: Provided that the Nat ional Director of Public Prosecut ions may on reasonable g rounds refuse to accede to such request .
(8) To the extent that it is reasonably necessary for the performance of the functions of the retired judge , he or s h e — (a) may obtain information and documents under the control of the
Service; (b) may enter any building or premises under the control of the Service in
order to obtain such information and documents ; and (c) shall be entitled to all reasonable assistance by a member .
(9) The judge shall annually report to Par l iament on the performance of his or her functions.
(10) The Head of the Directorate may request the retired j u d g e to investigate complaints or al legations relating to invest igat ions by the Directorate or alleged interference with such invest igat ions.

16 No. 31857 GOVERNMENT GAZETTE. 30 JANUARY 2009
Act No. 57, 2008 SOUTH AFRICAN POLICE SERVICE AMENDMENT ACT, 2008
(11) Any person who makes a complaint in terms of this section shall not be entitled to use this section to establish whether there is an investigation against him or her, nor be entitled to any delay, interference or terminat ion of such investigation on the basis that such complaint has been made .
(12) The Minister shall ensure that the retired j u d g e has sufficient personnel and resources to fulfill his or her funct ions." .
A m e n d m e n t of section 24 of Act 68 of 1995
4. Section 24 of the principal Act is hereby amended by the insertion in subsect ion (1) after subparagraph (ee) of the following subparagraph:
"(eeA) the following issues which are related to the Directorate for Priority Cr ime Investigation established in terms of section 17C:
(i) The manner and intervals for disclosure of financial and other interests as required in terms of section 17E(7)(a) :
(ii) the measures for integrity testing of members of the Directorate for Priority Cr ime Investigation as contemplated in section 17E(8)(a) ;
(iii) the measures to ensure the confidentiality of information obtained as contemplated in section 17E(8)(c);
(iv) the form and manner in which complaints referred to in section 17L(4) must be made to the retired j u d g e ; " .
Insert ion of Schedule in Act 68 of 1995 20
5. The following Schedule is hereby inserted into the principal Act after section 7 3 :
"Schedule
(Section 16(2)(/A)) 1 High treason: 2 any offence referred to in paragraph (a) of the definition of 'specified 25
offence' of the Protect ion of Consti tut ional Democracy against Terrorist and Related Activities Act, 2004 (Act No . 33 of 2004) ;
3 sedition; 4 any offence referred to in Schedule 1 to the Implementa t ion of the
Rome Statute of the International Criminal Court Act, 2002 (Act N o . 30 27 of 2002) ;
5 any offence referred to in Chapters 2, 3 and 4 of the Prevent ion of Organised Cr ime Act, 1998 (Act No . 121 of 1998);
6 any offence referred to in section 13(/) of the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992); 35
7 any offence referred to in the Non-Proliferat ion of Weapons of M a s s Destruction Act, 1993 (Act No. 87 of 1993);
8 any offence relating to the deal ing in or smuggl ing of ammuni t ion , firearms, explosives or a rmament and the unlawful possession of such firearms, explosives or a rmament ; 4 0
9 any offence contemplated in Chapter 2 and section 34 of the Prevention and Comba t ing of Corrupt Activit ies Act, 2004 (Act N o . 12 of 2004) ;
10 any offence referred to in the Regulat ion of Foreign Mil i tary Assis tance Act, 1998 (Act N o . 15 of 1998), or the Prohibi t ion of 45 Mercenary Activit ies and the Regulat ion of Certain Activi t ies in Country of Armed Conflict Act . 2006 (Act No . 27 of 2006) ;
11 any offence referred to in the National Convent ional A r m s Control Act . 2002 (Act No. 41 of 2002) ;
12 any offence the punishment wherefor may be impr isonment for l i fe ." . 50

I 8 No. 31857 GOVERNMENT GAZETTE. 30 JANUARY 2009
Act No. 57, 2008 SOUTH AFRICAN POLICE SERVICE AMENDMENT ACT. 2008
Transfer of powers , invest igations, assets , budget and liabilities
6. (1) In this sec t ion— (a) any word or expression in respect of which a specific mean ing has been
assigned by the South African Police Service Act, 1995 (Act No. 68 of 1995), has the same meaning; 5
(b) any word or expression in respect of which a specific meaning has been assigned by the National Prosecut ing Authority Act , 1998 (Act N o . 32 of 1998), has the same meaning; and
(c) "fixed d a t e " means a date to be determined by the President by proclamation in the Gazette. 10
(2) As from the fixed d a t e — (a) all powers exercised and functions performed by special investigators
immediate ly before the fixed date, shall be exercised and performed by the Directorate for Priority Cr ime Investigation;
(b) invest igations of the Directorate of Special Operat ions shall be dealt with as if 15 this Act had at all t imes been in force;
(c) the allocated budget and assets and liabilities of the Directorate of Special Operat ions as agreed upon between the account ing officers of the South African Police Service and the Directorate of Special Operat ions , respec­ tively, must be transferred to the South African Police Service in accordance 20 with section 42 of the Public Finance M a n a g e m e n t Act, 1999 (Act N o . 1 of 1999).
(3) The Registrar of Deeds must make the necessary entries and endorsements for the transfer of any property in terms of this section.
(4) For the purposes of the Income Tax Act, 1962 (Act No. 58 of 1962), no change of 25 employer must be regarded as having taken place when the special invest igators and adminis trat ive and support personnel transferred in terms of section 43A(2)(o) and (b) of the National Prosecut ing Authori ty Act, 1998 take up employmen t at the South African Police Service.
(5) For so long as the remunerat ion, a l lowances and other condi t ions of service of 30 those transferred to the South African Police Service under section 43A(3) of the National Prosecut ing Authority Act, 1998, are more favourable than those de termined under section 17G of this Act, section 43 A(4) of the National Prosecut ing Authori ty Act , 1998. prevai ls .
(6) This Act does not affect the validity of any investigation or prosecut ion conducted . 35 pending, or under investigation by the Directorate of Special Operat ions on or before the fixed date.
Select ion of personnel
7. (1) The National Commiss ioner shall appoint a selection panel which shall include a representative of the National Prosecuting Authority to select for appoin tment in the 4 0 Directorate from the following persons:
(a) Fo rmer special investigators of the Directorate of Special Opera t ions , contemplated in section 7(4)(a)( i iA) of the National Prosecut ing Authori ty Act . 1998 (Act No . 32 of 1998), transferred to the South African Police Service in terms of section 43A(2)(a) of the National Prosecut ing Authori ty 45 Act . 1998;
(b) m e m b e r s who , immediately before the commencemen t of the South African Police Service A m e n d m e n t Act, 2008 , served in the Organised Cr ime Componen t of the Service;
lc) member s who, immediately before the commencemen t of the South African 50 Police Service Amendmen t Act, 2008 . served in the Commerc ia l Cr ime Componen t of the Service;
(d) any other member of the Service; and (e) any administrat ive and support personnel employed at the fixed date by the
Directorate of Special Operat ions and the South African Police Service. 55 (2) The Head of the Directorate for Priority Cr ime Investigation shall advise the
National Commiss ioner on the selection criteria to be applied in the selection process . (3) Criteria shall be determined with reference, amongs t others , to exper ience ,
training, skills, competence or knowledge .

20 No. 31857 GOVERNMENT GAZETTE. 30 JANUARY 2009
Act No. 57, 2008 SOUTH AFRICAN POLICE SERVICE AMENDMENT ACT. 2008
(4) The selection and appointment of member s in the Directorate for Priori ty Cr ime Investigation shall be subject to the South African Police Service Act, 1995 or the Public- Service Act, 1994, whichever is applicable.
Joint audit and implementat ion teams
8. (1) The National Director of Public Prosecut ions and the National Commiss ione r 5 shall nominate senior officials of the Directorate of Special Operat ions and senior officials of the South African Police Service respectively to perform joint audits in respect of personnel , budgets , finances, information managemen t and equipment of the Directorate of Special Operat ions in order to implement this Act .
(2) The officials referred to in subsection (1) shall facilitate the implementat ion of this 10 Act as soon as possible.
(3) The National Director of Public Prosecut ions and the National Commiss ione r shall report to Parl iament on a quarterly basis on the progress made with the implementat ion of the Act .
Short title and c o m m e n c e m e n t 15
9. This Act is called the South African Police Service A m e n d m e n t Act, 2008 , and comes into operation on a date determined by the President by proclamation in the Gazette.