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South Africa
NATIONAL LEGISLATION OVERVIEWS
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South African Police Service Act, No. 68 of 1995

Long title

To provide for the establishment, organisation, regulation and control of the South African Police Service; and to provide for matters in connection therewith.

Table of contents

SECTION TITLE
ARRANGEMENT OF SECTIONS
PREAMBLE
CHAPTER 1. INTERPRETATION
1. Definitions
CHAPTER 2. MINISTERIAL SERVICES
2. Secretariat
3. Functions of secretariat
4. Executive coordinating committee
CHAPTER 3. ESTABLISHMENT AND COMPOSITION OF SERVICE
5. Establishment and composition of Service
CHAPTER 4. COMMISSIONERS
6. Appointment of National and Provincial Commissioners
7. Terms of office of National and Provincial Commissioners
8. Loss of confidence in National or Provincial Commissioner
9. Misconduct by or incapacity of National or Provincial Commissioner
10. Board of Commissioners
CHAPTER 5. POWERS, DUTIES AND FUNCTIONS
11. National Commissioner
12. Provincial Commissioners
13. Members
14. Employment of Service in preservation of life, health or property
15. Delegation
CHAPTER 6. ORGANISED CRIME AND PUBLIC ORDER POLICING UNIT
16. National prevention and investigation of crime

CHAPTER 6A. DIRECTORATE FOR PRIORITY CRIME INVESTIGATION
17A. Definitions [...inserted by Act 2008_057_003]
17B. Application of Chapter [...inserted by Act 2008_057_003]
17C. Establishment and composition of Directorate [...inserted by Act 2008_057_003]
17D. Functions of Directorate [...inserted by Act 2008_057_003]
17E. Security screening and integrity measures [...inserted by Act 2008_057_003]
17F. Multi-disciplinary approach [...inserted by Act 2008_057_003]
17G. Conditions of service [...inserted by Act 2008_057_003]
17H. Finances and financial accountability [...inserted by Act 2008_057_003]
17I. Coordination by Cabinet [...inserted by Act 2008_057_003]
17J. Operational Committee [...inserted by Act 2008_057_003]
17K. Parliamentary oversight [...inserted by Act 2008_057_003]
17L. Complaints mechanism [...inserted by Act 2008_057_003]
CHAPTER 7. COMMUNITY POLICE FORUMS AND BOARDS
18. Objects of community police forums and boards
19. Establishment of community police forums
20. Establishment of area community police boards
21. Establishment of provincial community police boards
22. Functions of community police forums and boards
23. Procedural matters
CHAPTER 8. REGULATIONS
24. Regulations
25. National orders and instructions
26. Provincial orders and instructions
CHAPTER 9. APPOINTMENTS, TERMS AND CONDITIONS OF SERVICE AND TERMINATION OF SERVICE
27. Filling of posts
28. Recruitment and appointment
29. Designation as member
30. Proof of appointment
31. Salary and benefits
32. Training
33. Commissioned officers
34. Inquiries
35. Discharge of members on account of redundancy, interest of Service or appointment to public office
36. Discharge on account of sentence imposed
37. Discharge of members failing to complete basic training
38. Missing members and employees
39. Secondment of members
40. Disciplinary proceedings
41. Strikes
42. Conduct sheets
43. Suspension while in detention or imprisoned
44. Rewards and recognitions
45. Retirement
46. Political activities of members
47. Obedience
48. Reserve Police Service
49. Limitation on right to resign
CHAPTER 10. INDEPENDENT COMPLAINTS DIRECTORATE
50. Establishment and independence
51. Appointment of Executive Director
52. Personnel and expenditure
53. Functions of directorate
54. Reporting
CHAPTER 11. GENERAL PROVISIONS
55. Non-liability for acts under irregular warrant
56. Limitation of liability of State and members
57. [Repealed by Act 2002_040_002 - was entitled "Actions against Service"]
58. Salary or allowance not to be assigned or attached
59. Prohibition on certain dealings
60. Property of Service not liable to seizure or attachment
61. Exemption from tolls, fees and fees of office
62. Police clubs exempt from licence duties and other fees
63. Payment by public for police services
CHAPTER 12. MUNICIPAL AND METROPOLITAN POLICE SERVICES
64. Interpretation [...was entitled "Municipal and metropolitan police services"]
64A. Establishment of municipal police service [...inserted by Act 1998_083_003]
64B. Chief Executive Officer of municipality [...inserted by Act 1998_083_003]
64C. Executive head of municipal police service [...inserted by Act 1998_083_003]
64D. First executive head of municipal police service [...inserted by Act 1998_083_003]
64E. Functions of municipal police service [...inserted by Act 1998_083_003]
64F. Powers of member of municipal police service [...inserted by Act 1998_083_003]
64G. Proof of appointment [...inserted by Act 1998_083_003]
64H. Procedure after arrest by member of municipal police service [...inserted by Act 1998_083_003]
64I. Legal proceedings against municipal police service [...inserted by Act 1998_083_003]
64J. Civilian oversight of municipal police services [...inserted by Act 1998_083_003]
64K. Policing co-ordinating committees [...inserted by Act 1998_083_003]
64L. Powers and duties of National Commissioner in respect of municipal police service [...inserted by Act 1998_083_003]
64M. Minister's power in respect of municipal police service [...inserted by Act 1998_083_003]
64N. Member of Executive Council's power in respect of municipal police service [...inserted by Act 1998_083_003]
64O. Certain other sections of this Act to apply to municipal police service [...inserted by Act 1998_083_003]
64P. Regulations in respect of municipal police service [...inserted by Act 1998_083_003]
64Q. Saving and transitional arrangements in respect of existing municipal police service [...inserted by Act 1998_083_003]

CHAPTER 13. OFFENCES
65. Receipt or possession of certain property
66. Wearing and use of uniforms, badges, etc. of Service
67. Interference with members
68. False representations
69. Prohibition on publication of photographs or sketches of certain persons in custody [...was entitled "Prohibition on making of sketches or taking of photographs of certain persons and publication thereof"
70. Unauthorised disclosure of information
71. Unauthorised access to or modification of computer material
CHAPTER 14. REPEAL AND TRANSITIONAL PROVISIONS
72. Repeal and transitional provisions
CHAPTER 15. SHORT TITLE AND COMMENCEMENT
73. Short title and commencement
SCHEDULE. (SECTION 16(2)(iA) [...inserted by Act 2008_057_005]

Legislation Text Access Point

Versions Free Access Buy Access Subscr. Access
As unamended LINK N/A N/A
As amended by Act 1997_041_000 N/A REQ.INFO LINK
As ordered by the Constitutional Court Judgement in Case CCT 11/98 N/A REQ.INFO LINK
As amended by Act 1997_047_000 N/A REQ.INFO LINK
As amended by Act 1998_083_000 N/A REQ.INFO LINK
As amended by Act 2002_040_000 N/A REQ.INFO LINK
As amended by Act 2008_057_000 N/A REQ.INFO LINK
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