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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. ... [...repealed by Act 2011_002_035_20110516 Sch - was entitled "Secretariat"].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 5A. STORAGE AND USE OF FINGERPRINTS, BODY-PRINTS AND PHOTOGRAPHIC IMAGES OF PERSONS [... inserted by Act 2010_006_006_20101005]
15A. Storage and use of fingerprints, body-prints and photographic images [... inserted by Act 2010_006_006_20101005]
15B. Comparative search against other databases [... inserted by Act 2010_006_006_20101005]
15C. National instructions relating to collection, storage, maintenance, administration and use of fingerprints, body-prints and photographic images [... inserted by Act 2010_006_006_20101005]
15D Security measures on integrity of information on database [... inserted by Act 2010_006_006_20101005]
CHAPTER 5B. ESTABLISHMENT, ADMINISTRATION AND MAINTENANCE OF NATIONAL FORENSIC DNA DATABASE OF SOUTH AFRICA [... inserted by Act 2013_037_006_20140127]
15E. Interpretation [... inserted by Act 2013_037_006_20140127]
15F. Objective of Chapter [... inserted by Act 2013_037_006_20140127]
15G. Establishment of national forensic DNA database [... inserted by Act 2013_037_006_20140127]
15H. Crime Scene Index [... inserted by Act 2013_037_006_20140127]
15I. Arrestee Index [... inserted by Act 2013_037_006_20140127]
15J. Convicted Offender Index [... inserted by Act 2013_037_006_20140127]
15K. Investigative Index [... inserted by Act 2013_037_006_20140127]
15L. Elimination Index [... inserted by Act 2013_037_006_20140127]
15M. Missing Persons and Unidentified Human Remains Index [... inserted by Act 2013_037_006_20140127]
15N. Comparative forensic DNA search and communication of information [... inserted by Act 2013_037_006_20140127]
15O. Foreign and international law enforcement agencies [... inserted by Act 2013_037_006_20140127]
15P. Compliance with Quality Management System [... inserted by Act 2013_037_006_20140127]
15Q. Analysis, retention, storage, destruction and disposal of samples [... inserted by Act 2013_037_006_20140127]
15R. Infrastructure [... inserted by Act 2013_037_006_20140127]
15S. Offences and penalties [... inserted by Act 2013_037_006_20140127]
15T. Awareness and training programs [... inserted by Act 2013_037_006_20140127]
15U. Access to and security of NFDD [... inserted by Act 2013_037_006_20140127]
15V. Ethics Board [... inserted by Act 2013_037_006_20140127]
15W. Disqualification, removal and resignation from Board [... inserted by Act 2013_037_006_20140127]
15X. Meetings of Board [... inserted by Act 2013_037_006_20140127]
15Y. Funding, secretariat and remuneration of members of Board [... inserted by Act 2013_037_006_20140127]
15Z. Functions of Board [... inserted by Act 2013_037_006_20140127]
15AA. Procedure for handling of complaints [... inserted by Act 2013_037_006_20140127]
15AB. Disciplinary recommendations [... inserted by Act 2013_037_006_20140127]
15AC. Parliamentary oversight [... inserted by Act 2013_037_006_20140127]
15AD. Regulations [... inserted by Act 2013_037_006_20140127]
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_20090130]
17AA. Applicability of this Chapter [...inserted by Act 2012_010_004_20120914]
17B. Application of Chapter [...inserted by Act 2008_057_003_20090130]
17C. Establishment and composition of Directorate for Priority Crime Investigation [...inserted by Act 2008_057_003][...amended by Act 2012_010_006_20120914]
17CA. Appointment, remuneratoin and conditions of service [...inserted by Act 2012_010_007_20120914]
17D. Functions of Directorate [...inserted by Act 2008_057_003_20090130]
17DA. Removal from office of National Head of Directirate [...inserted by Act 2012_010_009]
17DA. Staff of Directorate [...inserted by Act 2012_010_009]
17E. Security screening and integrity measures [...inserted by Act 2008_057_003_20090130]
17F. Multi-disciplinary approach [...inserted by Act 2008_057_003_20090130]
17G. Conditions of service [...inserted by Act 2008_057_003_20090130]
17H. Finances and financial accountability [...inserted by Act 2008_057_003_20090130]
17I. Coordination by Cabinet [...inserted by Act 2008_057_003_20090130]
17J. Operational Committee [...inserted by Act 2008_057_003_20090130]
17K. Parliamentary oversight [...inserted by Act 2008_057_003_20090130]
17L. Complaints mechanism [...inserted by Act 2008_057_003_20090130]
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. [..repealed by Act 2011_001_000_20110516 Sch2 - was entitled "Establishment and independence"]
51. [..repealed by Act 2011_001_000_20110516 Sch2 - was entitled "Appointment of Executive Director"]
52. [..repealed by Act 2011_001_000_20110516 Sch2 - was entitled "Personnel and expenditure"]
53. [..repealed by Act 2011_001_000_20110516 Sch2 - was entitled "Functions of directorate"]
54. [..repealed by Act 2011_001_000_20110516 Sch2 - was entitled "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_20021128 - 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_19981003]
64B. Chief Executive Officer of municipality [...inserted by Act 1998_083_003_19981003]
64C. Executive head of municipal police service [...inserted by Act 1998_083_003_19981003]
64D. First executive head of municipal police service [...inserted by Act 1998_083_003_19981003]
64E. Functions of municipal police service [...inserted by Act 1998_083_003_19981003]
64F. Powers of member of municipal police service [...inserted by Act 1998_083_003_19981003]
64G. Proof of appointment [...inserted by Act 1998_083_003_19981003]
64H. Procedure after arrest by member of municipal police service [...inserted by Act 1998_083_003_19981003]
64I. Legal proceedings against municipal police service [...inserted by Act 1998_083_003_19981003]
64J. Civilian oversight of municipal police services [...inserted by Act 1998_083_003_19981003]
64K. Policing co-ordinating committees [...inserted by Act 1998_083_003_19981003]
64L. Powers and duties of National Commissioner in respect of municipal police service [...inserted by Act 1998_083_003_19981003]
64M. Minister's power in respect of municipal police service [...inserted by Act 1998_083_003_19981003]
64N. Member of Executive Council's power in respect of municipal police service [...inserted by Act 1998_083_003_19981003]
64O. Certain other sections of this Act to apply to municipal police service [...inserted by Act 1998_083_003_19981003]
64P. Regulations in respect of municipal police service [...inserted by Act 1998_083_003_19981003]
64Q. Saving and transitional arrangements in respect of existing municipal police service [...inserted by Act 1998_083_003_19981003]

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 [..Title amended by 1997_041_006_19981003 - was entitled "Prohibition on making of sketches or taking of photographs of certain persons and publication thereof"]
70. Unauthorised disclosure of information
71. ... [... deleted by Act 2020_019_058_20210601 Sch - was entitled "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_20090130]

Legislation Text Access Point

Versions
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As unamended Act 1995_068_000_19951004 EXT.LINK REQ.INFO LINK
As amended by Act 1997_041_000_19971003 .  N/A REQ.INFO LINK 
As ordered by the Constitutional Court Judgement in Case CCT 11/98 - GG00000000_00000 .  N/A REQ.INFO LINK 
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As amended by Act 2013_037_000_20140127 .  N/A REQ.INFO LINK
As amended by Act 2020_019_000_20210601  .  N/A REQ.INFO LINK
... ... ... ...

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