Police Amendment Act
GOVERNMENT GAZETIE EXTRAORDINARY. 26m JUNE, 1964 77.
No. 64, 1964.]
ACT To amend the Police Act, 1958, and to provide for other incidental.
matters.
•. (Afrikaans text signed by the State President.) (As$ented to 11th June, 1964.) ·
BE IT ENACfED by the State President. the Senate and _ . the House of Assembly of the Republic of South Mrica.
as follows:-
1. Section one of the Police Act, 1958 (hereinafter referred Amendment of to as the principal Act), is hereby amended- · ~~i~n / 10:58 . . (a) by the deletion of the definition of "commanding as am~ndcd by
officer"; section 1 of (b) by the insertion after the definition of "Commissioner" Act 53 of 1961.
of the following definitions: · . · . · · .. 'division' means any area which the Commissioner,
acting with the approval of the Minister, deter- mines to be a division for the purposes of this
. Act; . . 'divisional commissioner' means any commissioned
officer of or above the rank of lieutenant-colonel designated by the Commissioner to command a division;"; · .
(c) by the addition to the definition of .. member of the Force" of the words "'and includes, except for the · purposes of any provision of this Act in respect of which the Commissioner may subject to the directions of the Minister otherwise prescribe. any member of the Police Reserve of Officers or the Reser\le Police
· Force while employed in the Force and any special constable while so employed'";
(d) by the deletion of the definition of "Police control area"; ·
(e) by the insertion after the definition of "regulation" of the following definitions: "'Republic' includes the territory of South-West
Mrica; · 'Treasury' means the ·Minister· of Finance or any _ officer in the· Department of Finance authorized
by the said Minister to perform any of the func- tions assigned to the Treasury in this Act;";
(f) by the addition to the definition of "the Force" of the words "and includes, except for ·the purposes of any provision of this Act in respect of which the Commissioner may subject to the directions of the Minister otherwise prescribe, the Police Reserve of Officers, the Reserve Police Force and special con- stables";
(g) by the deletion of the definition of "Union'\
2. Section ihree of the principal Act is hereby am~nded by Am~dmcnt of the substitution in sub-section · (1) for the word "Governor- ~~~j~f10:sa General" of the words "State President••. •
3. Section .five of the principal Act is hereby amended by the Am~dment of substitution i~ paragraph (a) for the, -~ord "Union" of the ~~~j 10:58• word "Repubhc".
4. Section six of the principal Act is hereby amended by the ~dmcnt of substitution in sub-section (3) for the Word "Crown" of the sc:c:tion 6 of • Act 7 of 1958. word "State" and for _ the word "Umon" of the word ''Republic".
S. Section seven of the principal Act is hereby amended by Am~dment of the substitution for the word "Governor-General'! wherever it ~C:~~l {'/sa. occurs of the words "State President" and for the word .. Union" wherever it occurs of the word "Republic". ·
6. Section eight of the principal Act is hereby amended by Am~ndmeft of the substitution in sub-section (2) for the word "Governor- ~~~~1 1~58, General" of the words "State President". as amended by
section 3 of Act 53 of 1961.
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 EXTRAORDINARY, 26m: JUNE. 1964 .79 .
7. Section nine of the principal Act is hereby amended- Am:ndment or . . . .• . . section 9 or (a) by the substitution in sub-section (1) for the words Act 7 of 1958,
"fifty pounds., of the words "one hundred rand''· as amended by . (b) by the substitution in sub-section (2) for the wo;ds ~~~: ~r ~~58
"five pounds., of the words "ten rand., and for the and section 4 .. word "pay" of the words "salary or wages.,; . of Act 53 of '
(c) by the substitution for sub-sections (4) and (5) of the 1961
• following sub-sections:
"(4) Any commissioned officer who sentences any member of the Force under thls section, shall forthwith transmit the record of the proceedings in the case to the divisional commissioner of the division in which that member is serving or any other commissioned officer of or above the rank of lieutenant-colonel designated by the· Commissioner, and such divisional commis- sioner or other officer may quash the conviction or confirm or reduce the sentence.
(5) No conviction or sentence by a commissioned officer shall have any force or effect unless it has been confirmed and, where a sentence is reduced, the amount of the fine to be paid by the person convicted bas been determined by the divisional commissioner or other commissioned officer of or above the rank of lieutenant-colonel concerned.".
8. Section ten of the principal Act is hereby amended by the Am:ndment of substitution for the word "Governor-General" wherever it section 10 of · . • Act 7 of 1958. occurs of the words "State President".
9. Section fifteen of the principal Act is hereby amended- Am:ndment of : · · . . section 15 of ·
(a) by the substitution for sub-sections (1) and (2) of the Act 7 of 1958, follo,ving sub-sections: as 3!Dended by ·
section 2 of "(1) A member of the Force who has been suspended Act 43 of 1958.
from office, shall not in respect of the period· of his and section .5 suspension be entitled to any salary, wages, allowance, of Act 53 of 1961. privilege or benefit to which he would otherwise have · been entitled as such a member, but the Minister may in his descretion direct that during the period of suspension of such a member, not being a period during which he is serving a term of imprisonment in pursuance of a sentence which is not set aside on app'eal, there be paid to hlm the whole or a portion of his salary or wages and alJowances or be granted to him such privileges and benefits as the Minister may direct.
{2) If it is decided not to discharge a member of he Force who · has been suspended from office, such member shall in respect of the period ofhls suspension, not being a period of suspension during which he was serving a term of imprisonment in pursuance of a sentence which has not been set aside on appeal, be paid his full salary or wages and allowances and be granted all the privileges and benefits to which he would but for his suspension have been entitled as a member of the Force: Provided that if such a member is reduced in rank, he shall in respect of such period be paid the salary or wages and allowances applicable to the rank to which he is reduced, but if in respect of such period he was in terms of sub~section (I) paid any salary, wages or allowances in excess of the salary or wages and allowances applicable to the rank to which he is reduced, he shall not be obliged to refund the excess!';
(b) by the insertion in sub-section {3)· after the word· "Commissioner'' of the words "or any other com- missioned officer of or above the rank of lieutenant· colonel ...
. 10. Section seventeen of the principal Act is hereby amended Am~ndment of by ~he substitution for sub·section {1) of the following sub- ~:~~/i~Js, . sectiOn: as amended by
"(l) A member of the Force who is not a commissioned ~~i~jl 6r~f961 officer, may be discharged or dismissed from the Force
0 •
or be reduced in rank if after enquiry in manner prescribed by the regulations, as to hls fitness to remain in the Force or to retain his rank, the Commissioner or the divisional commissioner of the division in which· such member is
GOVERNMENT GAZETIE EXTRAORDINARY, 26TH JUNE, 1964 at
serving or any other commissioned officer designated by the Commissioner is of opinion that he is unfit to remain in the Force or to retain his rank, as the case may be.".
· 11. Section nineteen of the principal Act is hereby amended Am~ndmcnt or by the substitution for the words "fifty pounds .. of the words ~~n n;!s "one hundred rand". 0 •
· 12. Section twenty-two of the principal Act is hereby amended Am~ndment of by the substitution in sub-section (2) for the word "Governor- ~ec~~n f'i9°f8 General" of the words "State President" and the addition to c 0 • the said sub-section of the words "or who has rendered exceptional services to the Force".
13. Section twenty-three of the principal Act is hereby Am~ndment of amended by the substitution for the words "twenty-five pounds" section 23 or · of the words "fifty rand". Act 7 of 1958.
14. Section twenty-four of the principal Act is hereby amended Am~ndment of by the substitution for the words "fifty pounds" of the words sectlon 24 of ... one hundred rand". Act 7 or 1958.
15. Section twenty1fve of the principal Act is hereby Am~ndment or amended- sect1on 2S of · ( ) b th . ; . '- . {l} fi th. Act 7 of 1958. · a y e substitution 10 SUU"'section or e . words
"fifty pounds" of the words "one hundred rand"; (b) :by the substitution in sub-section (2) for the word
"pay" of the words "salary, wages" and for the words .. twenty-five pounds" of the words "fifty rand" •
. 16. Section twenty-six of the principal Act is hereby amended Am~ndmcnt of by the substitution for the words "fifty pounds" of the words section 26 of " h d d d,. Act 7 ofl958, one un re ran . as amended by
section 7 of Act 53 of 1961.
· : 17. Section twenty-seven of the principal Act is hereby Am~dment or amended. by the substitution for the words "one hundred section 27 or pounds,. of the words "two hundred rand". · Act 1 of 19SI.
· . :18:: Seetion twenty-eight of . the principal Act is hereby ~dment or amen~ed by the substitution in sub-section (2) for the words ~e:~n ~:fa .. fiftY pounds" of the words "one hundred rand". 0 •
: . . . . . . ' . . - ~ .
" ·1i · Section thirty-three of the principai Act Jis hereby Am~dment of amended~ . ·. . section 33 or
1 ) b .th b · · · b- . ( ) fi Act 7 of 1958, ,a y e su st1tution 10 su section I or the word as amended by "Governor-General" of the words "State President"; section 8 of
(b) by the substitution for paragraph (a) of sub-section Act 53 o~ 1961. ~ '. · (I) of the following paragraph: _ . ·
"(a) the enrolment, training, promotion, posting, transfer~ leave of absence, resignati~n, discharge, dismissal, suspension or reduction of members of the Force;,.; ' ·
(c) by the insertion after paragraph (b) ofsub-section(l) of -. . the following paragraph:
· . "(b)bls the establishment~ management and control of a fund to provide for.medical, dental and hospital treatment of members of the Force who retired or retire on pension on or after the first day of January, 1964, and their families and of the families of members of the Force who died or die on or after the said date, the class of members of the Force or other persons who shall be or
' '. may become members of the fund, the scale or aggregate amount of contributions (if any) to be made to the fund by any particular class of members thereof, the termination of member- ship of the fund, the rights, privileges and obliga· tions of members of the fund, and generally all matters reasonably necessary for the regulation and operation of such fund;,.;·
(d) by the substitution for paragraph (c) of sub-section {1) of the following paragraph: _
"(c) the numerical establishment and distribution of the Force, the establishment of police districts and stations, and the conditions of service and the various divisions, branches, grades, ranks, desig· · nations and appointments in the Force or in such districts or at such stations;";
GOVERNMENT GAZETTEEXTRAORDINARY, 26m JUNE, 1964 83
(e) by the insertion· in paragraph (d) of sub-section (1) after the word "recruits" wherever it occurs, of the word "students";
(f) by the substitution for paragraph (g) of sulrsection (1) of the following paragraph:
"(g) the stoppages to be made from the salaries, wages or allowances of members of the Force;";
(g) by the substitution for paragraphs (f) and (m) of sub-section (1) of the following paragraphs:
"(f) the provision of stores, arms, ammunition, saddlery, forage and other articles of equipment and of means of transport and draught or other animals required for the Force, and the care, safe custody and maintenance thereof;
{m) the exercise of their powers and the performance of their duties and functions by members of the Force;";
(h) by the substitution for paragraph {p) of sub-section (1) of the following paragraph:
••(p). the dress and clothing of the Force, and the control or disposal of any article of uniform or equipment by any member of the Force; .. ;
(i) by the addition to sub-section (1) of the following paragraphs:
.. (v) the retention of rank on retirement or resignation from the Force and the award of honorary ranks;
(w) generally all matters which he considers it neces· sary or expedient to prescribe in order that the purposes of this Act may be achieved.";
(j) by the substitution for sub-section (2) of the following sub-sections: ·
"(2) Different regulations may be made with reference to different classes or categories of members of the Force.
(3) Any regulation prescribing improved conditions of service for members of the Force may be made with retrospective effect.
(4) Regulations under paragraph (b)his of. sulr section (l) may provide for benefits in respect of medical, dental and hospital treatment on the basis applicable in respect of members of the Force and their families under this Act, subject to payment for such benefits from a fund established by or under such regulations, on such basis as may be specified in or determined in accordance with such regulations.".
20. Section thirty-four of the principal Act is hereby Amendment or amended- section 34 or
(a) by the deletion in sub-section (2) of all the words after ~~~::d~s~Y the word .. Force., where it occurs for the first time; section 9 of
(b) by the. substitution for sub-sections (3) and (4) of the Act .53 of 1961. following sub-sections: ·
''(3) The Commissioner or any commissioned officer acting under his authority may order any member of the Reserve Police Force to report for service in the Force at a specified time and place and any such member who fails to comply with any such order shall be guilty of an offence and liable on conviction to the penalties prescribed in sub-section (1) of section nine.
(4) The Commissioner or any commissioned officer acting under his authority may at any time discharge from the Force any special constable or member of the Reserve Police Force.".
21. (1) The following sections are hereby inserted in the Insertion of principal Act after section thirty-four: sectio~ 34bi.r and • li ) . b b . d li 34ter m ' Po ce 34bis. { 1 There 1s here y esta hshe a Po ce Act 7 of 1958. Reserve of Reserve of Officers, consisting of all persons who Officers. on retirement on pension or resignation from the
Force before or after the commencement of the Police Amendment Act, 1964, retained or retain commissioned rank or were or are awarded honorary commissioned rank.
(2) The Commissioner or any commissioned officer acting under his authority may employ any member of the Police Reserve of Officers in the Force and may at any· time terminate the services of any such member so employed.
GOVERNMENT GAZETTE EXTRAORDINARY, 26m JUNE, 1964
~emunera· 34ter. (1) All members of the Force other than muon oberrs r members of the Reserve Police Force who by em o · · &- th' the Fon:e agreement rece1ve no remunerat1on ,or etr and condi· services, shall be paid salaries, wages or allowances tion~ of in accordance with the provisions of the Public sem~ of Service Act, 1957 (Act No. 54 of 1957). :=~rs (2) The Commissioner may, subject to the
· regulations, on the .recommendation of the Public Service Commission and with the approval of the Treasury, prescribe conditions of service in respect of the Police Reserve of Officers. the Reserve Police Force and special constables.
(3) Members of the Reserve Police Force who receive no remuneration for their services in the Force, shall not by reason of the fact that they receive no such remuneration be regarded ·as not being in the service of the State.".
(2) The salaries, wages or allowances which would at the commencement of this Act have been payable to persons employed under the principal Act if this Act had not been passed. shall be deemed to be payable to such persons in accordance with the provisions of the Public Service Act, 1957 (Act No. 54 of 1957). ·
(3) Members of the Reserve Police Force established under sub·section (2) of section thirty1'our of the principal Act, who, prior to the commencement of this Act, when called up for the purpose by a commissioned officer of the South African Police performed any duties which a member of the South African Police could have performed, shall, notwithstanding the fact that they received no remuneration for performing such duties, be deemed to have been members of the South African Police . while perfo~ng such duties.
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8S
22. This Act shall be called the Police Amendment Act, Short title and 1964, and shall come into operation on a date to be fixed by :~~ cemmL the State President by proclamation in the Gazette. n