Police Amendment Act
GOVERNMENT GAZETTE
OF THE REPUBLIC OF SOUTH AFRICA
REPUBLIEK VAN SUID-AFRIKA
STAATSKOERANT
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CAPE TOWN, 7 APRIL 1989
KAAPSTAD, 7 APRIL 1989 No.' 11796
STATE PRESIDENT'S OFFICE KANTOOR VAN DIE ST AA TSPRESIDENT
7 April1989 No. 587. 7 April1989
It is hereby notified that the State President has assented to the following Act which is hereby published for general information:-
Hierby word bekend gemaak dat die Staatspresident sy goedkeuring geheg bet aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:-
=:No. 36 of 1989: Police Amendment Act, 1989. No. 36 van 1989: Polisiewysigingswet, 1989.
2 No.ll796 GOVERNMENT GAZETIE, 7 APRIL 1989
Act No. 36, 1989 POLICE AMENDMENT ACT, 1989
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with solid line indicate insertions in exist- ing enactments.
ACT To amend the Police Act, 1958, so as to define "strike"; to delete the requirement that the Commissioner may delegate his powers only with the approval of the Minister, and to extend the powers of the Commissioner to delegate; to provide that members of the Force may be seconded to other departments of State, certain authorities or the Police Forces of certain states or territorities; to extend the provision that a member of the Force may be assisted at a trial or enquiry by a legal adviser, to instances where the member has caused a deficiency, loss or damage or an expense to the State; to provide that a member of the Force may be charged and tried in terms of this Act as well as other laws; to provide that a member of the Force who strikes may be summarily dismissed; to review certain fines and punishments and to provide for a general penalty clause; and to provide that the Minister may enter into agreements with the Ministers or other persons responsible for the Police Forces of other states and certain territories; and to provide for incidental matters.
(Afrikaans text signed by the State President.) (Assented to 20 March 1989.)
BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:- Amendment of section 1 of Act 7 of 1958, as amended by section 1 of Act 53 of 1961, section 1 of Act 64 of 1964, section 1 of Act 74 of 1967, section 1 of Act 94 of 1972, section 1 of Act 34 of 1973, section 1 of Act 64 of 1979 and section 1 of Act 68 of 1984 5
1. Section 1 of the Police Act, 1958 (hereinafter referred to as the principal Act), is hereby amended by the insertion after the definition of "Republic" of the following definition:
"'strike' includes any socio-economic, sympathy, solidarity, protest, work to rule or precision strike, as well as any other form of strike or stay-away;". 10
Amendment of section 4 of Act 7 of 1958, as amended by section 2 of Act 53 of 1961, secti·an 3 of Act 74 of 1967 and section 2 of Act 68 of 1984
2. Section 4 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:
"(2) Any power vested in the Commissioner under this Act may [with the 15 approval of the Minister] be delegated in writing by the Commissioner to any [other officer of or above the rank of Lieutenant-Colonel] member of the Force
4 No.1!796 GOVERNMENTGAZETIE, 7 APRIL 1989
Act No. 36, 1989 POLICE AMENDMENT ACT, 1989
or other person in the employment of the Force or the board or body established under this Act, who shall exercise that power subject to the directions of the Commissioner.".
Amendment of section 6 of Act 7 of 1958, as amended by section 4 of Act 64 of 1964, section 1 of Act 74 of 1965, section 3 of Act 34 of 1973, section 2 of Act 64 of 1979, 5 section 1 of Act 50 of 1980 and section 1 of Act 24 of 1983
3. Section 6 of the principal Act is hereby amended by the substitution for paragraph (c) of subsection (4A) of the following paragraph:
"(c) A person who refuses or neglects to stop a vehicle in accordance with an order under paragraph (b), shall be guilty of an offence [and liable on 10 conviction to a fine not exceeding RSOO or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment].".
Insertion of section 6A in Act 7 of 1958
4. The following section is inserted in the principal Act after section 6:
"Secondment of member of the Force 15
6A. (1) The services of a member of the Force may, in terms of the provisions of the Public Service Act, 1984 (Act No. 111 of 1984), be placed at the disposal of any other department of State, or any authority established by or under any law, or of the Police Force of the territory of South West Africa or any state the territory of which previously formed 20 part of the Republic or any self-governing territory as defined in section 38 of the National States Constitution Act, 1971 (Act No. 21 of 1971).
(2) If the services of any member of the Force are placed at disposal as contemplated in subsection (1), his powers as such a member shall be suspended for the period during which he is so placed at disposal, without 25 detracting from his engagement with the South African Police, but in the execution of his functions such member shall act in terms of the provisions of the laws applicable to such other department, authority or Police Force, and subject to the conditions agreed to between the Commissioner and such other department, authority or Police Force. 30
(3) Notwithstanding the provisions of the Public Service Act, 1984, the services of a member of the Force may be placed at the disposal of any other department of State or any authority established by or under any law, or of the Police Force of the territory of South West Africa or any state the territory of which previously formed part of the Republic or any 35 self-governing territory as defined in section 38 of the National States Constitution Act, 1971 (Act No. 21 of 1971), or a foreign state.
(4) If the services of any member of the Force are placed at disposal as contemplated in subsection (3), it shall be deemed that such a member, during the period for which his services are so placed at disposal, is 40 serving in the South African Police, and such member shall retain all powers and privileges as a member of the South African Police, subject to the conditions agreed to between the Commissioner and such other department, authority or Police Force.";
Amendment of section 10 of Act 7 of 1958, as amended by section 8 of Act 64 of 1964, 45 section 4 of A!Ct 74 of 1967, section 5 of Act 64 of 1979, section 4 of Act 68 of 1984, section 30 of Act 97 of 1986 and section 3 of Act 8 of 1988
5. Section 10 of the principal Act is hereby amended by the deletion of subsection (8).
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Act No. 36, 1989 POLICE AMENDMENT ACT, 1989
Substitution of section 12 of Act 7 of 1958
6. The following section is hereby substituted for section 12 of the principal Act:
"Representation of accused person at trial or enquiry
12. At any trial or enquiry held [under] in terms of this Act, and at any enquiry held under the regulations at which the fitness of a member 5 of the Force to remain in the Force or to retain his rank is investigated, or at any enquiry with regard to any deficiency, loss, damage or expense caused to the State as a result of the alleged wrongful and unlawful wilful or negligent conduct of a member of the Force or any other employee of the South African Police, the accused or the person in respect of whom 10 the enquiry >S held (as the case may be) may be represented and assisted by his legal adviser.".
Substitution of section 16 of Act 7 of 1958
7. The following section is hereby substituted for section 16 of the principal Act:
"Member of the Force may be charged and tried in terms of this Act as 15 well as other laws
16. (1) The provisions of sections 9 (2) and 10 shall not indemnify any mem er of the Force rom liab1 >ty to prosecutwn in and conviction by a court of law in respect of an offence.
(2) No member of the Force who has been acquitted or convicted by a 20 court of law on a charge relating to the commission of an offence shall be indemnified from being tried or charged in terms of section 9 (2) or 10.".
Insertion of section 17B in Act 7 of 1958
8. The following section is hereby inserted in the principal Act after section 17 A:
"Summary dismissal of member of the Force who strikes
17B. If he has reasonable grounds to believe that a member of the Force strikes or conspires w1th anot er person to strike, t e omm>s- sioner may, without hearing any person, summarily dismiss such member from the Force: Provided that-
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(a) such member shall as soon as practicable after the date of such 30 dismissal be notified in writing of the dismissal, the reasons for the dismissal being stated;
(b) such member may, within 30 days after the date of receipt of the notice, make written representations to the Minister regarding the revocation of the dismissal; 35
(c) the Minister may, after having considered the representations, reinstate such member in his employment as from the date of his dismissal.".
Substitution of section 19 of Act 7 of 1958, as substituted by section 2 of Act 90 of 1977
9. The following section is hereby substituted for section 19 of the principal Act: 40
"Unlawful receiving or possession of property belonging to the Force
19. Any person who receives or has in his possession any means of transport, animal, arms, ammunition, accoutrements, clothing, or other article of equipment, knowing the same to have been sold, pledged, lent or otherwise disposed of in contravention of this Act, shall be guilty of an 45 offence [and liable on conviction to a fine not exceeding R500 or, in default of payment, imprisonment for a period not exceeding 12 months, or to such imprisonment without the option of a fine].".
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Act No. 36, 1989 POLICE AMENDMENT ACT,1989
Substitution of section 23 of Act 7 of 1958, as substituted by section 3 of Act 90 of 1977
10. The following section is hereby substituted for section 23 of the principal Act:
"Offences in respect of decorations and medals
23. Any person who wears or without the written permission of the Commissioner makes use of any decoration or medal instituted, consti- 5 tuted or created under this Act, or its bar, clasp or ribbon, or anything so closely resembling any such decoration, medal, bar, clasp or ribbon as to be calculated to deceive, shall, unless he is the person to whom such decoration or medal was awarded, be guilty of an offence [and liable on conviction to a fine not exceeding R200].". 10
Substitution of section 24 of Act 7 of 1958, as substituted by section 4 of Act 90 of 1977
11. The following section is hereby substituted for section 24 of the principal Act:
"False representations as to association with the Force
24. Any person who, without the approval of the Minister, in connection with any activity carried on by him takes, assumes, uses or in 15 any manner publishes any name, description, title or symbol indicating or conveying or purporting to indicate or to convey or calculated or likely to lead other persons to believe or infer that such activity is carried on under or by virtue of the provisions of this Act or under the patronage of the Force, or is in any manner associated or connected with the Force, shall 20 be guilty of an offence [and liable on conviction to a fine not exceeding R200].".
Amendment of section 25 of Act 7 of 1958, as substituted by section 5 of Act 90 of 1917
12. Section 25 of the principal Act is hereby amended- ( a) by the substitution in subsection (1) for paragraph (d) and the words 25
following thereafter, of the following paragraph and words: "(d) is a party to or aids or abets or incites to the commission of any act
whereby any lawful order given to a member or any regulation may be evaded,
shall be guilty of an offence and liable on conviction- 30 (i) in the case of a first conviction of such offence, to a fine not exceeding
[RSOO] R4 000 or to imprisonment for a period not exceeding twelve months or!Oboth such fine and such imprisonment;
(ii) in the case of a second or subsequent conviction of such offence, to a fine not exceeding [R1 000] RS 000 or to imprisonment for a period 35 not exceeding two years or to bOtii'Such fine and such imprisonment."; and
(b) by the substitution for subsection (2) of the following subsection: "(2) Any person who by means of a false certificate or any false
representation obtains admission to the Force, or, having been dismissed 40 from the Force, receives, by concealing the dismissal, any salary, wages, allowance, gratuity or pension, shall be guilty of an offence [and liable on conviction to a fine not exceeding R200 or, in default of payment, impris- onment for a period not exceeding six months or to such imprisonment without the option of a fine].". 45
Amendment of section 26 of Act 7 of 1958, as amended by section 7 of Act 53 of 1961, section 16 of Act 64 of 1964 and section 6 of Act 90 of 1977
13. Section 26 of the principal Act is hereby amended by the substitution for the words following paragraph (b) of the following words:
"be guilty of an offence [and liable on conviction to a fine not exceeding R200].". 50
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Act No. 36, 1989 POLICE AMENDMENT ACT, 1989
Amendment of section 26A of Act 7 of 1958, as inserted by section 1 of Act 14 of 1978
14. Section 26A of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:
"(2) Any person who contravenes any provision of subsection (1) shall be guilty of an offence [and liable on conviction to a fine not exceeding R500 or to 5 imprisonment for a period not exceeding twelve months, or to such imprisonment without the option of a fine, or to both such fine and such imprisonment].".
Amendment of section 27 of Act 7 of 1958, as substituted by section 7 of Act 90 of 1977
15. Section 27 of the principal Act is hereby amended by the substitution for the words following paragraph (b) of subsection (2) of the following words: 10
"shall be guilty of an offence [and liable on conviction to a fine not exceeding RSOO or imprisonment for a period not exceeding 12 months or both such fine and such imprisonment].".
Amendment of section 27 A of Act 7 of 1958, as inserted by section 8 of Act 90 of 1977 and amended by section 1 of Act 5 of 1985 15
16. Section 27 A of the principal Act is hereby amended by the substitution for the words following subparagraph (ii) of subsection (1) of the following words:
"shall, notwithstanding anything to the contrary contained in any law, be guilty of an offence [and liable on conviction to a fine not exceeding RSOO or to imprisonment for a period not exceeding 12 months or to both such fine and such 20 imprisonment].''.
Amendment of section 28 of Act 7 of 1958, as amended by section 18 of Act 64 of 1964 and section 9 of Act 90 of 1977
17. Section 28 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: 25
"(2) Any person who may demand any such toll, fee or due, or who [wilfully] subjects any such member, person, animal, means of transport or article of equipment to unreasonable delay or detention in respect of the entry to, passage through or going over any such wharf, landing place, ferry, bridge, toll-bar, gate or door, shall be guilty of an offence [and liable on conviction to a fine not 30 exceeding R200]. ".
Amendment of section 34A of Act 7 of 1958, as inserted by section 21 of Act 64 of 1964, substituted by section 1 of Act 15 of 1975 and amended by section 1 of Act 34 of 1976, section 10 of Act 90 of 1977, section 11 of Act 64 of 1979, section 2 of Act 50 of 1980 and section 7 of Act 68 of 1984 35
18. Section 34A of the principal Act is hereby amended by the substitution for subsection (13) of the following subsection:
"(13) (a) Any member of the Police Reserve who contravenes any provision of this section or fails to comply with an order issued in terms thereof, shall, except where such contravention or failure has by section 9 ( 1) been 40 declared an offence, be guilty of an offence [and liable on conviction to a fine not exceeding R300 or to imprisonment for a period not exceeding six months or to such imprisonment without the option of a fine or to both such fine and such imprisonment].
(b) Any member of the Police Reserve liable in terms of subsection (10) of this 45 section to render service in the Force and who-- (i) when called up, does not report for such service; or (ii) having reported for service, does not render such service,
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Act No. 36, 1989 POLICE AMENDMENT ACT, 1989
shall be guilty of an offence [and liable on conviction to the penalties prescribed by paragraph (a)].".
Amendment of section 348 of Act 7 of 1958, as inserted by section 21 of Act 64 of 1964, substituted by section 7 of Act 94 of 1972 and amended by section 11 of Act 90 of 1977, section 58 of Act 56 of 1981 and section 8 of Act 68 of 1984 5
19. Section 34B of the principal Act is hereby amended by the substitution for the words following paragraph (c) of subsection (2) of the following words:
"shall subject to the provisions of subsections (3) and ( 4) be guilty of an offence [and liable on conviction to a fine not exceeding R300 or, in default of payment, imprisonment for a period not exceeding six months or to such imprisonment 10 without the option of a fine or to both such fine and such imprisonment].".
Insertion of sections 34F and 34G in Act 7 of 1958
20. The following sections are hereby inserted in the principal Act after section 34E:
Short title
"Punishments 15
34F. Any person convicted of an offence- (a) referred to in sections 6 (4A (c), 23, 24,25 (2 , 26,28 (2), 34A (13
and 34B (2) shall be liable to a fine not exceeding R2 000, or in default of payment to imprisonment for a period not exceeding six months, or to both such fine and such imprisonment. 20
(b) referred to in sections 19, 26A (2), 27 (2) and 27A shall be liable to a fine not exceeding R4 000, QJ" in default of payment to imprison- ment for a period not exceeding 12 months, or to both such fine and such imprisonment.
Minister may enter into agreements with other states or territories 25
34G. (1) The Minister may enter into agreements with the Minister or other person responsible for the Police Force of a foreign state; the territory of South West Africa, any state the territory of which previously formed part of the Republic or a self-governing territory as defined in section 38 of the National States Constitution Act, 1971 (Act No. 21 of 30 1971), in regard to co-operation and mutual aid between the Police Force of the Republic and that of such state or territory, the circumstances and conditions in terms of which members of the respective Police Forces may undertake cross-border operations or any other matter of mutual concern. 35
(2) Any such agreement or part thereof, and any amendment thereof or addition thereto which may be made from time to time, shall acquire the force of law within the Republic by publication thereof in the Gazette.
(3) The Minister shall lay a copy of every notice issued under 40 subsection (2) upon the Table in Parliament within 14 days after the date of publication thereof in the Gazette, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.".
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21. This Act shall be called the Police Amendment Act, 1989.