South African Police Service Amendment Act

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— (a) by the substitution in subsection (2) for p a r a g r a p hs (b) and ft) of the following p a r a g r a p h s: "(b) m e m b e rs appointed in terms of section 28(2) of this Act; [ a n d] (c) persons w ho b e c o me m e m b e rs of the R e s e r ve under section 4 8 ( 2) of this Act; a n d "; and (b) by the addition in subsection (2) of the following paragraph: "(d) m e m b e rs appointed to the Directorate for Priority C r i me Investiga­ tion established by section 1 7 C ". A m e n d m e nt of section 16 of A ct 68 of 1995

2. Section 16 of the principal Act is hereby a m e n d e d— (a) by the substitution p a r a g r a p h: in subsection (2) for paragraph (a) of the following 5 10 15 "(a) by a person, g r o up of persons or syndicate acting i n— (i) (ii) an organised fashion; or a m a n n er w h i ch could result in substantial financial gain for the person, g r o up of p e r s o ns or syndicate i n v o l v e d . "; 20 (b) (c) by the deletion in subsection (2) of the word "and*' at the end of p a r a g r a ph (/): by the insertion in subsection (2) of the following paragraph after p a r a g r a ph (')• "(7A) in respect of the c o m m i s s i on of any alleged offence m e n t i o n ed in 25 the S c h e d u l e; o r "; (d) by the substitution p a r a g r a p h: in subsection (2) for paragraph (j) of the following "(j) in respect of which the prevention or investigation by m e m b e rs under the c o m m a nd of a Provincial C o m m i s s i o n er will d e t r i m c n- tally affect or h a m p er the prevention or investigation of c i r c u m­ stances referred to in paragraphs (a) to [(/)] ( / A ) . "; and (e) by the insertion after subsection (2) of the following subsection: " ( 2 A) For the purpose of s u b p a r a g r a ph (a)(\), fashion' the planned, o n g o i n g, c o n t i n u o us or repeated participation, in at least t wo incidents of criminal or includes i n v o l v e m e nt or e n g a g e m e nt unlawful c o n d u ct that has the s a me or similar intents, results, a c c o m­ plices, victims or m e t h o ds of c o m m i s s i o n, or o t h e r w i se are related by distinguishing c h a r a c t e r i s t i c s . ". 'organised Insertion of C h a p t er 6A in A ct 68 of 1995

3. T he following Chapter is hereby inserted in the principal Act after C h a p t er 6: 30 35 40 " C H A P T ER 6A D I R E C T O R A TE F OR P R I O R I TY C R I ME I N V E S T I G A T I ON Definitions

17A. In this Chapter, unless the context otherwise i n d i c a t e s— 45 Investigation, the Directorate for Priority C r i me the C o m m i t t ee referred ' D i r e c t o r a t e' m e a ns established by section 17C; 'Ministerial C o m m i t t e e' m e a ns 171(1); 'national priority offence' m e a ns organised crime, c r i me that requires national prevention or investigation, or c r i me which requires specialised skills in the prevention and investigation thereof, as referred to in section 16(1); and ' O p e r a t i o n al C o m m i t t e e' m e a ns the Operational C o m m i t t ee established by section I7J. to in section 50 55 6 No. 31857 GOVERNMENT GAZETTE. 30 JANUARY 2009 Act No. 57, 2008 SOUTH AFRICAN POLICE SERVICE AMENDMENT ACT. 2008 A p p l i c a t i on of C h a p t er In 17B. the application of recognised and taken into account: (a) T he need to establish a Directorate as a Division of the Service should be to prevent, c o m b at and investigate national priority offences, in particu­ lar serious organised crime, serious c o m m e r c i al c r i me and serious corruption. this C h a p t er following the (b) The need to ensure that the D i r e c t o r a t e— (i) (ii) (iii) (iv) i m p l e m e n t s, w h e re appropriate, a multi-disciplinary a p p r o a ch and an integrated m e t h o d o l o gy involving the c o - o p e r a t i on of all relevant G o v e r n m e nt d e p a r t m e n ts and institutions; has the necessary i n d e p e n d e n ce to perform its functions; is e q u i p p ed with the appropriate h u m an and financial resources to perform its functions; is staffed through the transfer, a p p o i n t m e n t, or s e c o n d m e nt of personnel whose integrity is b e y o nd reproach. E s t a b l i s h m e nt a nd c o m p o s i t i on of D i r e c t o r a te 1 7 C. (1) T he Directorate for Priority C r i me Investigation is h e r e by established as a Division of the Service. (2) T he Directorate c o m p r i s e s— (a) (b) (c) (d) the Head of the Directorate, w ho shall be a Deputy National C o m m i s s i o n er appointed by the Minister in c o n c u r r e n ce with C a b i n e t; persons appointed by the National C o m m i s s i o n er on the r e c o m m e n­ dation of the Head of the Directorate on the basis of the required level of experience, training, skills, c o m p e t e n ce or k n o w l e d g e; an adequate n u m b er of legal officers appointed to the Directorate: and officials from any G o v e r n m e nt d e p a r t m e nt or institution, s e c o n d ed to the Directorate in terms of laws g o v e r n i ng the public service. (3) T he Minister shall report to Parliament on the a p p o i n t m e nt of the H e ad of the Directorate. F u n c t i o ns of Directorate 17D. (1) T he functions of the Directorate are to prevent, c o m b at and i n v e s t i g a t e— (a) national priority offences, w h i ch in the opinion of the H e ad of the Directorate need to be addressed by the Directorate, subject to any policy guidelines issued by the Ministerial C o m m i t t e e: and any other offence or category of offences referred to it from lime to time by the National C o m m i s s i o n e r, subject to any policy guidelines issued by the Ministerial C o m m i t t e e. (b) (2) If, during the course of an investigation by the Directorate, e v i d e n ce of any other c r i me is detected and the H e ad of the Directorate c o n s i d e rs it in the interests of justice, 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) T he Head of the Directorate may. if he or she has reason to suspect that a national priority offence has been or is being c o m m i t t e d, request the National Director of Public P r o s e c u t i o ns to d e s i g n a te a Director of Public Prosecutions the National Prosecuting Authority Act, 1998 (Act N o. 32 of 1998). the p o w e rs of section 28 of to exercise 8 No. 31857 GOVERNMENT GAZETTE, 30 JANUARY 2009 Act No. 57, 2008 SOUTH AFRICAN POLICE SERVICE AMENDMENT ACT. 2008 Security s c r e e n i ng a nd integrity m e a s u r es 17E. (1) A ny person w ho s e c o n d m e nt to, the Directorate, shall be subject to a security screening in, or investigation in terms of and in a c c o r d a n ce with section 2A of the National Strategic Intelligence Act, 1994 (Act N o. 39 of 1994). for a p p o i n t m e nt is considered (2) No person may be a p p o i n t ed to the Directorate u n l e s s— (a) (b) (c) a security clearance has been issued to that person in t e r ms of section 2 A ( 6) of the National Strategic Intelligence Act, 1994. by the H e ad of the C r i me Intelligence Division of t he Service; a security clearance on the required level and which is still valid has been issued to the person in question in t e r ms of section 2 A ( 6) of the National Strategic Intelligence Act, 1994; or a temporary security clearance has been issued by the H e ad of the the person had C r i me Intelligence Division of Intelligence submitted an application Division to have a security screening investigation c o n d u c t e d. the Service after the H e ad of the C r i me to (3) Any a p p o i n t m e nt on the basis of a t e m p o r a ry security c l e a r a n ce shall be subject to the finalisation of the security screening investigation and the issuing of a security clearance in terms of section 2 A ( 6) of the National Strategic Intelligence Act. 1994. (4) W h e n e v er the H e ad of the C r i me Intelligence Division of the Service in t e r ms of section 2 A ( 6) of the National Strategic Intelligence Act, 1994. security upon r e a s o n a b le g r o u n d s, d e g r a d e s, w i t h d r a ws or refuses a the clearance, the National C o m m i s s i o n er m ay transfer such p e r s on from Directorate, or if such person cannot be r e d e p l o y ed e l s e w h e re the in Service, discharge him or her, subject to the provisions of section 34. (5) A m e m b er of the Directorate m ay from time to time, or at such regular intervals as the H e ad of the Directorate may d e t e r m i n e, be subjected to a further security screening investigation. (6) If, upon information at the disposal of the H e ad of the Directorate, he or she reasonably believes that the person c o n c e r n ed p o s es a security risk, he or she m ay require the m e m b er to u n d e r go a further security s c r e e n i ng investigation. (7) (a) A ny m e m b er of the Directorate must, in the prescribed m a n n er and al the prescribed intervals, disclose his or her prescribed financial and other interests and those of his or her i m m e d i a te family m e m b e r s. (b) For the purpose of paragraph (a), ' i m m e d i a te family m e m b e r' refers to the s p o u s e, civil partner or p e r m a n e nt life partner of that m e m b e r, and includes dependent children of. and dependent family m e m b e rs living in the s a me household with that m e m b e r. (8) (a) T he Minister may prescribe m e a s u r es for integrity testing of m e m b e rs of the Directorate, which m ay include r a n d om e n t r a p m e n t, testing for the abuse of alcohol or drugs, or the use of the p o l y g r a ph or similar instrument the to ascertain, confirm or e x a m i ne truthfulness of a statement m a de by a person. in a scientific m a n n er (b) T he necessary samples required for any test referred to in p a r a g r a ph (a), m ay be taken, but any sample taken from the b o dy of a m e m b er m ay only be taken by a registered medical practitioner or a registered nurse. (c) T he Minister shall prescribe m e a s u r es to e n s u re the confidentiality of if such m e a s u r es are integrity testing, information obtained prescribed in t e r ms of paragraph through (a). M u l t i - d i s c i p l i n a ry a p p r o a ch 17F. (1) G o v e r n m e nt d e p a r t m e n ts or institutions shall, w h en required to do so, take reasonable steps to assist the Directorate in the a c h i e v e m e nt of its objectives. 10 No. 31857 Act No. 57, 2008 GOVERNMENT GAZETTE. 30 JANUARY 2009 SOUTH AFRICAN POLICE SERVICE AMENDMENT ACT. 2008 (2) T he National C o m m i s s i o n er the s e c o n d m e nt of personnel from any other G o v e r n m e nt d e p a r t m e nt or institution, w h e n e v er the H e ad of the Directorate requests such s e c o n d m e n t. request shall (3) T he Directorate shall be assisted in the p e r f o r m a n ce of its functions by personnel seconded by relevant G o v e r n m e nt d e p a r t m e n ts or institutions, w h i ch may include personnel from the South African R e v e n ue S e r v i c e, the Financial Intelligence Centre and the D e p a r t m e nt of H o me Affairs. (4) The National Director of Public P r o s e c u t i o ns must e n s u re that a dedicated c o m p o n e nt of prosecutors is available to assist and c o - o p e r a te with m e m b e rs of the Directorate in conducting its investigations. (5) T he Director-General of the G o v e r n m e nt d e p a r t m e nt or H e ad of the relevant G o v e r n m e nt institution, referred to in subsection (2), shall upon request by the National C o m m i s s i o n e r, identify suitable personnel to be seconded to the Directorate upon such terms and c o n d i t i o ns as m ay be agreed upon between the National C o m m i s s i o n er and the Director-General of the d e p a r t m e nt or H e ad of the G o v e r n m e nt institution c o n c e r n e d. (6) Without derogating from the functions of the Service in respect of c r i me intelligence, as provided for in the National Strategic Intelligence Act, 1994 (Act N o. 39 of 1994), the Directorate shall be s u p p o r t ed by the C r i me Intelligence Division of the Service to gather, correlate, e v a l u a t e, co-ordinate and use crime intelligence in the p e r f o r m a n ce of its functions. (7)(a) If the National C o m m i s s i o n er so requests, any person s e c o n d ed in terms of subsection (3) shall retain functions e n d o w ed by any law g o v e r n i ng the p o w e r s, duties and functions of that d e p a r t m e nt or institution, and that person may exercise such p o w e r s, duties and functions under the c o m m a nd of the Head of the Directorate or his or her delegate, but subject to such conditions as may be d e t e r m i n ed by the H e ad of the s e c o n d i ng G o v e r n m e nt d e p a r t m e nt or institution. the p o w e r s, duties and (b) A person s e c o n d ed u n d er paragraph (a) shall in the p e r f o r m a n ce of his or her functions act in t e r ms of the laws applicable to the G o v e r n m e nt d e p a r t m e nt or institution from which he or she is seconded, subject to such conditions as may be agreed upon by the National C o m m i s s i o n er and the Director-General of the G o v e r n m e nt D e p a r t m e nt or H e ad of the G o v e r n- ment institution. C o n d i t i o ns of service

17G. T he r e m u n e r a t i o n, a l l o w a n c es and other c o n d i t i o ns of service of m e m b e rs of the Directorate shall be regulated in t e r ms of section 2 4. F i n a n c es a nd financial accountability 17H. (1) Expenditure and in c o n n e c t i on with functioning of the Directorate must be paid from m o n i es appropriated by Parliament for this p u r p o se to the d e p a r t m e n t al vote in t e r ms of the P u b l ic F i n a n ce M a n a g e m e nt Act, 1999 (Act N o. 1 of 1999). the administration (2) T he National C o m m i s s i o n er is the accounting officer for the m o n i es referred to subsection (1). C o o r d i n a t i on by C a b i n et 171. ( I) T he President shall for purposes of subsections (2) and (3) designate a Ministerial C o m m i t t ee which shall i n c l u d e— (a) at least the Ministers for— Safety and Security; (i) (ii) Finance; (iii) H o me Affairs; 15 20 25 30 35 40 45 50 12 No. 31857 Act No. 57, 2008 GOVERNMENT GAZETTE. 30 JANUARY 2009 SOUTH AFRICAN POLICE SERVICE AMENDMENT ACT. 2008 (iv) (v) Intelligence; and Justice; as well as (b) any other Minister designated from time to time by the President. (2) T he Ministerial C o m m i t t ee m ay d e t e r m i n e— (a) (b) (c) (d) policy guidelines in respect of the functioning of the Directorate; policy guidelines for the selection of national priority offences by the Head of the Directorate in t e r ms of section policy guidelines for the referral to the Directorate by the National C o m m i s s i o n er of any offence or category of offences for investigation by the Directorate in terms of section 17D(!)(/?); p r o c e d u r es to coordinate the activities of the Directorate and other relevant G o v e r n m e nt d e p a r t m e n ts or institutions. )lD(\)(a); (3) (a) T he Ministerial C o m m i t t ee shall oversee the functioning of the Directorate and shall meet as regularly as necessary, but not less that four times annually. (b) The National C o m m i s s i o n er and the H e ad of the Directorate shall, the Ministerial C o m m i t t e e, provide p e r f o r m a n ce and upon implementation reports to the Ministerial C o m m i t t e e. request of O p e r a t i o n al C o m m i t t ee 17J. (\)(a) T h e re is hereby established a c o m m i t t e e, to be k n o wn as the Operational C o m m i t t e e, which c o m p r i s e s— (i) (ii) (iii) (iv) the National C o m m i s s i o n e r, as chairperson; the H e ad of the Directorate, as d e p u ty chairperson; the National Director of Public P r o s e c u t i o n s; the Directors-General of F i n a n c e, Justice and Constitutional D e v e l o p­ ment, the National Intelligence A g e n cy and H o me Affairs; the C o m m i s s i o n er of the South African R e v e n ue Service; the H e ad of the Financial Intelligence C e n t r e; and such other persons as the Operational C o m m i t t ee m ay require from time the Operational C o m m i t t e e. the duration d e t e r m i n ed by (v) (vi) (vii) time, for to (b) An official at the rank of at least an Assistant C o m m i s s i o n er or Chief Director m ay be designated on a p e r m a n e nt basis to represent any official mentioned above if he or she is not available: Provided that the official listed in paragraph (a) m ay also attend. (2) The Operational C o m m i t t ee s h a l l— (a) (b) (c) the support and assistance of the review, monitor and facilitate respective G o v e r n m e nt d e p a r t m e n ts or institutions to the Directorate as well as s e c o n d m e n ts to the Directorate, and address p r o b l e ms which arise regarding such support and assistance; perform such functions as from time to time m ay be directed by the Ministerial C o m m i t t e e: report to the Ministerial C o m m i t t ee on interdepartmental assistance to and co-operation with the Directorate; and (d) meet as regularly as required to fulfill its functions, but not less than four times annually. P a r l i a m e n t a ry o v e r s i g ht 17K. (1) Parliament shall effectively oversee the functioning of the Directorate and the c o m m i t t e es established in t e r ms of this Chapter. (2) T he National C o m m i s s i o n er shall include in the annual report to Parliament in terms of section 55(d) of the Public F i n a n ce M a n a g e m e nt Act, 1999 (Act N o. 1 of 1999). a report in respect of the activities of the Directorate. 14 No. 31857 Act No. 57, 2008 GOVERNMENT GAZETTE. 30 JANUARY 2009 SOUTH AFRICAN POLICE SERVICE AMENDMENT ACT. 2008 (3) In addition to the annual report m e n t i o n ed in subsection (2), the H e ad of the Directorate shall at any t i me w h en requested to do so by Parliament, submit a report on the activities of the Directorate. (4) T he Minister shall submit to P a r l i a m e nt any policy guidelines referred to in section \ll(2)(a), (b) and (c) for a p p r o v a l. (5) Policy guidelines referred to in section 17I(2)(a), submitted for approval to Parliament that are not a p p r o v ed within m o n t hs of submission shall be d e e m ed to be a p p r o v e d. (b) and (c) three (6) T he Minister shall, not later than three years after the c o m m e n c e m e nt legislative of this section, submit a report to P a r l i a m e nt on whether any a m e n d m e n ts are required to i m p r o ve the functioning of the Directorate. C o m p l a i n ts m e c h a n i sm 17L. (1) (a) T he Minister shall, after consultation with the Minister of Justice and the Chief Justice, appoint a retired j u d ge in order to investigate c o m p l a i n ts referred to in subsection (4). (b) For purposes of paragraph (a) 'retired j u d g e' shall m e an a j u d ge discharged from active service as referred to in the J u d g e s' R e m u n e r a t i on and C o n d i t i o ns of E m p l o y m e nt Act. 2001 (Act N o. 47 of 2 0 0 1 ). (2) T he performance of the functions p r o v i d ed for in respect of the retired j u d ge does not derogate from I n d e p e n d e nt C o m p l a i n ts Directorate referred to in section 50 to investigate c o m p l a i n ts in respect of any m e m b e r, including m e m b e rs in the Directorate for Priority C r i me Investigation. the p o w e rs of the (3) T he retired j u d ge shall not investigate c o m p l a i n ts about intelligence matters falling under the jurisdiction of the Inspector-General of Intelli­ g e n c e. (4) T he retired j u d ge m ay receive c o m p l a i n ts in the prescribed form and m a n n er f r o m— (a) (b) any m e m b er of the public w ho can provide e v i d e n ce of a serious and unlawful infringement of his or her rights caused by an investigation by the Directorate; or any m e m b er of the Directorate w ho can p r o v i de e v i d e n ce of any i m p r o p er influence or interference, whether of a political or any other nature, exerted upon h im or her r e g a r d i ng the c o n d u c t i ng of an investigation. (5) T he retired j u d ge may upon receipt of a c o m p l a i nt investigate such c o m p l a i nt or refer it to be dealt with by, a m o n g st others, the Secretariat, the I n d e p e n d e nt C o m p l a i n ts Directorate, the National C o m m i s s i o n e r, the H e ad of the Directorate, the relevant Provincial C o m m i s s i o n e r, the National Director of Public Prosecutions, the I n s p e c t o r - G e n e r al of Intelligence, or any institution mentioned in chapter 9 of the Constitution of the R e p u b l ic of South Africa, 1996. (6) T he retired j u d ge shall report the o u t c o me of any investigation undertaken by him or her or any referral to the Minister. (7) T he retired j u d ge may request and obtain the National Director of Public Prosecutions in so far as it m ay be necessary for the j u d ge to conduct an investigation: P r o v i d ed that the National Director of Public Prosecutions may on r e a s o n a b le g r o u n ds refuse to a c c e de to such request. information from (8) To the extent that it is reasonably necessary for the p e r f o r m a n ce of the functions of the retired j u d g e, he or s h e— (a) m ay obtain Service; information and d o c u m e n ts under the control of the (b) may enter any building or p r e m i s es under the control of the Service in order to obtain such information and d o c u m e n t s; and shall be entitled to all reasonable assistance by a m e m b e r. (c) (9) T he j u d ge shall annually report to P a r l i a m e nt on the p e r f o r m a n ce of his or her functions. (10) T he Head of the Directorate m ay request to investigate c o m p l a i n ts or allegations relating Directorate or alleged interference with such investigations. the retired j u d ge investigations by to the 16 No. 31857 Act No. 57, 2008 GOVERNMENT GAZETTE. 30 JANUARY 2009 SOUTH AFRICAN POLICE SERVICE AMENDMENT ACT, 2008 (11) Any person w ho m a k es a c o m p l a i nt in t e r ms of this section shall not be entitled to use this section to establish w h e t h er there is an investigation against him or her, nor be entitled to any delay, interference or t e r m i n a t i on of such investigation on the basis that such c o m p l a i nt has been m a d e. (12) T he Minister shall ensure that the retired j u d ge h as sufficient personnel and resources to fulfill his or her functions.". A m e n d m e nt of section 24 of A ct 68 of 1995

4. Section 24 of the principal Act is hereby a m e n d ed by the insertion in subsection (1) after s u b p a r a g r a ph (ee) of the following s u b p a r a g r a p h: "(eeA) the following issues which are related to the Directorate for Priority C r i me Investigation established in terms of section 17C: (i) The m a n n er and intervals for disclosure of financial and other (ii) (iii) (iv) interests as required in terms of section 1 7 E ( 7 ) ( a ): the m e a s u r es for integrity testing of m e m b e rs of the Directorate for Priority C r i me Investigation as c o n t e m p l a t ed in section 17E(8)(a); the m e a s u r es to e n s u re the confidentiality of information o b t a i n ed as contemplated in section 17E(8)(c); the form and m a n n er in which c o m p l a i n ts referred 17L(4) m u st be m a de to the retired j u d g e ; ". to in section I n s e r t i on of S c h e d u le in A ct 68 of 1995

5. T he following S c h e d u le is hereby inserted into the principal Act after section 7 3: " S c h e d u le (Section 16(2)(/A))

1 High treason: 2 any offence referred to in paragraph (a) of the definition of 'specified against the Protection of Constitutional D e m o c r a cy offence' of Terrorist and Related Activities Act, 2 0 04 (Act N o. 33 of 2 0 0 4 ); sedition; any offence referred to in Schedule 1 to the I m p l e m e n t a t i on of the R o me Statute of the International Criminal Court Act, 2 0 02 (Act N o. 27 of 2 0 0 2 ); any offence referred to in C h a p t e rs 2, 3 and 4 of the P r e v e n t i on of Organised C r i me Act, 1998 (Act N o. 121 of 1998); any offence in section 13(/) of Trafficking Act, 1992 (Act N o. 140 of 1992); any offence referred to in the Non-Proliferation of W e a p o ns of M a ss Destruction Act, 1993 (Act N o. 87 of 1993); the D r u gs and D r ug 3 4 5 6 7 referred to 9 8 any offence relating to the dealing in or s m u g g l i ng of a m m u n i t i o n, explosives or a r m a m e nt and the unlawful possession of s u ch e x p l o s i v es or a r m a m e n t; firearms, firearms, any offence c o n t e m p l a t ed the Prevention and C o m b a t i ng of Corrupt Activities Act, 2 0 04 (Act N o. 12 of 2 0 0 4 ); 10 any offence the R e g u l a t i on of F o r e i gn Military Assistance Act, 1998 (Act N o. 15 of 1998), or the Prohibition of M e r c e n a ry Activities and in C o u n t ry of A r m ed Conflict Act. 2 0 06 (Act N o. 27 of 2 0 0 6 ); the Regulation of Certain Activities in C h a p t er 2 and section 34 of referred in to 20 25 30 35 40 45 11 any offence referred to in the National C o n v e n t i o n al A r ms Control A c t. 2 0 02 (Act N o. 41 of 2 0 0 2 ); 12 any offence the p u n i s h m e nt wherefor may be i m p r i s o n m e nt for l i f e . ". 50 I 8 No. 31857 Act No. 57, 2008 GOVERNMENT GAZETTE. 30 JANUARY 2009 SOUTH AFRICAN POLICE SERVICE AMENDMENT ACT. 2008 Transfer of p o w e r s, investigations, assets, b u d g et a nd liabilities 6. (1) In this s e c t i o n— (a) (b) any word or expression in respect of which a specific m e a n i ng has been assigned by the South African Police Service Act, 1995 (Act N o. 68 of 1995), has the s a me m e a n i n g; any word or expression in respect of which a specific m e a n i ng has been assigned by the National Prosecuting Authority Act, 1998 (Act N o. 32 of 1998), has the same m e a n i n g; and (c) "fixed d a t e" m e a ns a date to be d e t e r m i n ed by the President by proclamation in the Gazette. (2) As from the fixed d a t e— 5 10 (a) (b) (c) functions performed by special all p o w e rs exercised and investigators i m m e d i a t e ly before the fixed date, shall be exercised and performed by the Directorate for Priority C r i me Investigation; investigations of the Directorate of Special O p e r a t i o ns shall be dealt with as if this Act had at all times been in force; the allocated budget and assets and liabilities of the Directorate of Special O p e r a t i o ns as agreed upon b e t w e en the a c c o u n t i ng officers of the South African Police Service and the Directorate of Special O p e r a t i o n s, r e s p e c­ tively, must be transferred to the South African Police Service in a c c o r d a n ce with section 42 of the Public Finance M a n a g e m e nt Act, 1999 (Act N o. 1 of 1999). 15 20 (3) T he Registrar of D e e ds must m a ke the necessary entries and e n d o r s e m e n ts for the transfer of any property in terms of this section. (4) F or the purposes of the I n c o me Tax Act, 1962 (Act N o. 58 of 1962), no c h a n ge of e m p l o y er m u st be regarded as having taken place w h en the special investigators and administrative and support personnel transferred in terms of section 4 3 A ( 2 ) ( o) and (b) of the National Prosecuting Authority Act, 1998 take up e m p l o y m e nt at the South African Police Service. 25 (5) F or so long as the r e m u n e r a t i o n, a l l o w a n c es and other conditions of service of those transferred the National P r o s e c u t i ng Authority Act, 1998, are more favourable than those d e t e r m i n ed under section 17G of this Act, section 43 A ( 4) of the National P r o s e c u t i ng A u t h o r i ty Act, 1998. prevails. to the South African Police Service under section 4 3 A ( 3) of 30 (6) T h is Act does not affect the validity of any investigation or prosecution c o n d u c t e d. pending, or u n d er investigation by the Directorate of Special O p e r a t i o ns on or before the fixed date. 35 Selection of p e r s o n n el 7. (1) T he National C o m m i s s i o n er shall appoint a selection panel which shall include a representative of the National Prosecuting Authority to select for a p p o i n t m e nt in the Directorate from the following persons: 40 (a) F o r m er special investigators of the Directorate of Special O p e r a t i o n s, c o n t e m p l a t ed in section 7(4)(a)(iiA) of the National P r o s e c u t i ng A u t h o r i ty A c t. 1998 (Act N o. 32 of 1998), transferred to the South African Police Service in terms of section 4 3 A ( 2 ) ( a) of the National P r o s e c u t i ng A u t h o r i ty A c t. 1998; (b) m e m b e rs w h o, immediately before the c o m m e n c e m e nt of the S o u th African the O r g a n i s ed C r i me Police Service A m e n d m e nt Act, 2 0 0 8, served C o m p o n e nt of the Service; in lc) m e m b e rs w h o, immediately before the c o m m e n c e m e nt of the S o u th African the C o m m e r c i al C r i me in Police S e r v i ce A m e n d m e nt Act, 2 0 0 8. served C o m p o n e nt of the Service; (d) (e) any other m e m b er of the Service; and any administrative and support personnel e m p l o y ed at the fixed date by the Directorate of Special O p e r a t i o ns and the South African Police Service. (2) T he H e ad of the Directorate for Priority C r i me Investigation shall advise the National C o m m i s s i o n er on the selection criteria to be applied in the selection p r o c e s s. (3) Criteria shall be d e t e r m i n ed with reference, a m o n g st others, to e x p e r i e n c e, training, skills, c o m p e t e n ce or k n o w l e d g e. 45 50 55 20 No. 31857 Act No. 57, 2008 GOVERNMENT GAZETTE. 30 JANUARY 2009 SOUTH AFRICAN POLICE SERVICE AMENDMENT ACT. 2008 (4) T he selection and a p p o i n t m e nt of m e m b e rs in the Directorate for Priority C r i me Investigation shall be subject to the South African Police Service Act, 1995 or the Public- Service Act, 1994, w h i c h e v er is applicable. J o i nt audit a nd i m p l e m e n t a t i on t e a ms 8. (1) T he National Director of Public Prosecutions and the National C o m m i s s i o n er shall n o m i n a te senior officials of t he Directorate of Special O p e r a t i o ns and senior officials of the South African Police Service respectively to perform joint audits in respect of personnel, budgets, finances, information m a n a g e m e nt and e q u i p m e nt of the Directorate of Special O p e r a t i o ns in order to i m p l e m e nt this Act. 5 (2) T he officials referred to in subsection (1) shall facilitate the i m p l e m e n t a t i on of this 10 Act as soon as possible. (3) T he National Director of Public P r o s e c u t i o ns a nd the National C o m m i s s i o n er the to Parliament on a quarterly basis on the progress m a de with report shall i m p l e m e n t a t i on of the Act. S h o rt title a nd c o m m e n c e m e nt 15

9. T h is A ct is called the South African Police Service A m e n d m e nt Act, 2 0 0 8, and c o m es into operation on a date d e t e r m i n ed by the President by proclamation in the Gazette.