Contents: Obligations of Parliament and its separate bodies

South African Police Service Act 68 of 1995 as amended by

South African Police Service Act 57 of 2008
6 Appointment of National and Provincial Commissioners
(1) There shall be a National Commissioner of the Service who shall be appointed in accordance with section 216 (2) (a) of the Constitution.
(2) There shall be a Provincial Commissioner of the Service for each province who shall be appointed by the National Commissioner subject to section 218 (1) (b) of the Constitution.
8 Loss of confidence in National or Provincial Commissioner
(1) If the National Commissioner has lost the confidence of the Cabinet, the President may establish a board of inquiry consisting of a judge of the Supreme Court as chairperson, and two other suitable persons, to-
(a) inquire into the circumstances that led to the loss of confidence;
(b) compile a report; and
(c) make recommendations.
(6) a) At the conclusion of the inquiry, the board shall submit its report to-
(i) (aa) the President, in the event of an inquiry under subsection (1); or
(bb) the National Commissioner, the member of the Executive Council and the standing committee of the provincial legislature responsible for safety and security affairs, in the event of an inquiry under subsection (2);
(ii) the Commissioner concerned; and
(iii) the Parliamentary Committees.
(2) (a) If a Provincial Commissioner has lost the confidence of the Executive Council, the member of the Executive Council may notify the Minister of such occurrence and the reasons therefore.
(b) The Minister shall, if he or she deems it necessary and appropriate, refer the notice contemplated in paragraph (a) to the National Commissioner.
(c) The National Commissioner shall, upon receipt of the notice, establish a board of inquiry consisting of not more than three persons, of which the chairperson shall, subject to paragraph (d), be a person who, for at least 10 years after having qualified as an advocate or an attorney, practised as such, to-
(i) inquire into the circumstances that led to the loss of confidence;
(ii) compile a report; and
(iii) make recommendations.
(d) The National Commissioner may appoint any other person suitably qualified in law as chairperson of the board of inquiry.
17C Establishment and composition of Directorate
(1) The Directorate for Priority Crime Investigation is hereby established as a Division of the Service.
(2) The Directorate comprises—

(a) the Head of the Directorate, who shall be a Deputy National Commissioner appointed by the Minister in concurrence with Cabinet;

(b) persons appointed by the National Commissioner on the recommendation of the Head of the Directorate on the basis of the required level of experience, training, skills, competence or knowledge;

(c) an adequate number of legal officers appointed to the Directorate; and

(d) officials from any Government department or institution, seconded to the Directorate in terms of laws governing the public service.
(3) The Minister shall report to Parliament on the appointment of the Head of the Directorate.
17K Parliamentary oversight
(1) Parliament shall effectively oversee the functioning of the Directorate and the committees established in terms of this Chapter.
(2) The National Commissioner shall include in the annual report to Parliament in terms of section 55(d) of the Public Finance Management Act, 1999 (Act No. 1 of 1999), a report in respect of the activities of the Directorate.
(3) In addition to the annual report mentioned in subsection (2), the Head of the Directorate shall at any time when requested to do so by Parliament, submit a report on the activities of the Directorate.
(4) The Minister shall submit to Parliament any policy guidelines referred to in section 17I(2)(a), (b) and (c) for approval.
(5) Policy guidelines referred to in section 17I(2)(a), (b) and (c) submitted for approval to Parliament that are not approved within three months of submission shall be deemed to be approved.
(6) The Minister shall, not later than three years after the commencement of this section, submit a report to Parliament on whether any legislative amendments are required to improve the functioning of the Directorate.
17L Complaints mechanism
(1) (a) The Minister shall, after consultation with the Minister of Justice and the Chief Justice, appoint a retired judge in order to investigate complaints referred to in subsection (4).

(b) For purposes of paragraph (a) ‘retired judge’ shall mean a judge discharged from active service as referred to in the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001).
(2) The performance of the functions provided for in respect of the retired judge does not derogate from the powers of the Independent Complaints Directorate referred to in section 50 to investigate complaints in respect of any member, including members in the Directorate for Priority Crime Investigation.
(3) The retired judge shall not investigate complaints about intelligence matters falling under the jurisdiction of the Inspector-General of Intelligence.

(4) The retired judge may receive complaints in the prescribed form and manner from—

(a) any member of the public who can provide evidence of a serious and unlawful infringement of his or her rights caused by an investigation by the Directorate; or

(b) any member of the Directorate who can provide evidence of any improper influence or interference, whether of a political or any other nature, exerted upon him or her regarding the conducting of an investigation.
(5) The retired judge may upon receipt of a complaint investigate such complaint or refer it to be dealt with by, amongst others, the Secretariat, the Independent Complaints Directorate, the National Commissioner, the Head of the Directorate, the relevant Provincial Commissioner, the National Director of Public Prosecutions, the Inspector-General of Intelligence, or any institution mentioned in chapter 9 of the Constitution of the Republic of South Africa, 1996.
(6) The retired judge shall report the outcome of any investigation undertaken by him or her or any referral to the Minister.
(7) The retired judge may request and obtain information from the National Director of Public Prosecutions in so far as it may be necessary for the judge to conduct an investigation: Provided that the National Director of Public Prosecutions may on reasonable grounds refuse to accede to such request.
(8) To the extent that it is reasonably necessary for the performance of the functions of the retired judge, he or she—

(a) may obtain information and documents under the control of the Service;

(b) may enter any building or premises under the control of the Service in order to obtain such information and documents; and

(c) shall be entitled to all reasonable assistance by a member.
(9) The judge shall annually report to Parliament on the performance of his or her functions.
(10) The Head of the Directorate may request the retired judge to investigate complaints or allegations relating to investigations by the Directorate or alleged interference with such investigations.
(11) Any person who makes a complaint in terms of this section shall not be entitled to use this section to establish whether there is an investigation against him or her, nor be entitled to any delay, interference or termination of such investigation on the basis that such complaint has been made.
(12) The Minister shall ensure that the retired judge has sufficient personnel and resources to fulfill his or her functions.’’.
45 Retirement
(1) (a) Subject to subsection (7), a member may retire from the Service, and shall be so retired on the date when he or she attains the age of 60 years.
(7) (a) Notwithstanding the provisions of subsection (1) (a), a member may be retained, with his or her consent, in his or her post beyond the age of 60 years with the approval of the Minister or member of the Executive Council for further periods which shall not, except with the approval by resolution of Parliament, exceed the aggregate of five years.
(b) A member shall only be retained under paragraph (a) if it is-
(i) reasonable; and
(ii) in the interest of the Service; or
(iii) generally in the public interest.

50. Establishment and independence

(1) (a) The Independent Complaints Directorate, which shall be structured at both national and provincial levels, is hereby established.

51 Appointment of Executive Director

(1) The Minister shall nominate a suitably qualified person for appointment to the office of Executive Director to head the directorate in accordance with a procedure to be determined by the Minister in consultation with the Parliamentary Committees.

(2) The Parliamentary Committees shall, within a period of 30 parliamentary working days of the nomination in terms of subsection (1), confirm or reject such nomination.

(3) In the event of the nomination being confirmed-

(a) such person shall be appointed to the office of Executive Director subject to the laws governing the public service with effect from a date agreed upon by such person and the Minister; and

(b) such appointment shall be for a period not exceeding five years: Provided that such person shall be eligible for consecutive appointments in accordance with this section.

(4) The Executive Director may be removed from his or her office under the circumstances and in the manner prescribed by the Minister in consultation with the Parliamentary Committees.

54 Reporting
The Executive Director shall-
(a) within three months after the end of each financial year, submit to the Minister a written report on the activities of the directorate during that financial year, which report shall be tabled in Parliament by the Minister within 14 days after receipt thereof or, if Parliament is not then in session, within 14 days after the commencement of the next ensuing session; and
(b) at any time when requested to do so by the Minister or either of the Parliamentary Committees, submit a report on the activities of the directorate to the Minister or that Committee.
Schedule
8 Joint audit and implementation teams
(1) The National Director of Public Prosecutions and the National Commissioner shall nominate senior officials of the Directorate of Special Operations and senior officials of the South African Police Service respectively to perform joint audits in respect of personnel, budgets, finances, information management and equipment of the Directorate of Special Operations in order to implement this Act.
(2) The officials referred to in subsection (1) shall facilitate the implementation of this Act as soon as possible.
(3) The National Director of Public Prosecutions and the National Commissioner shall report to Parliament on a quarterly basis on the progress made with the implementation of the Act.

South African Postbank Act 9 of 2010
21. Annual report
(1) The Company must annually, not later than five months after the end of its financial year, submit to the Minister a report on all its activities during the previous year.

(2) The annual report must be tabled in Parliament within 30 days after it was received by the Minister, if Parliament is then in session, or, if Parliament is not then in session, within 30 days after the commencement of its next ensuing session.

25. Intervention by Minister
(5) The Minister must—

(a) review the performance of the Company regularly whilst it is under administration; and

(b) within six months of appointing the administrator, table a report on his or her findings in the National Assembly.
26.
(1) The Minister may, after consultation with the Minister of Finance, make regulations regarding—

(a) any matter relating to the functioning of the Board that it is necessary to ensure the efficiency and effectiveness in the performance of its functions; and

(b) any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act.

(2) The Minister must make policies on matters referred to in section 9(1)(g), (h) and (i) within six months after the commencement of this Act, and may make any additional policies on matters of national policy applicable to the Company, consistent with the objects of this Act, and may at any time thereafter amend any such policies made.

(3) When making or amending a policy under subsection (2) the Minister must—

(a) obtain the concurrence of the Minister of Finance;

(b) obtain Cabinet approval;

(c) table the policy in the National Assembly at least 30 days before publishing the final version of the policy in terms of paragraph (d); and

(d) publish the final version of the policy in the Gazette.

South African Post Office Soc Ltd Act 22 of 2011

22. Filiale en verantwoordbaarheid
(1) Die Poskantoor kan filiaalmaatskappye instel.
(2) Artikels 10, 13, 21(1) en (3), 23, 24, 25, 27, 28 en 30 is met die veranderings deur die samehang vereis van toepassing op enige filiaal van die Poskantoor.
(3) (a) The Post Office must, before it establishes a subsidiary or revives a dormant subsidiary, submit a feasibility study and business plan of the proposed subsidiary to the Minister for consideration.

(b) The Minister may, subject to section 51(1)(g) of the Public Finance Management Act, after consideration of the feasibility study and business plan and after consultation with the Minister of Finance, approve the establishment of the subsidiary or revival of the dormant subsidiary, as the case may be.

(c) The Minister must, before the approval contemplated in paragraph (b), table the feasibility study and business plan in the National Assembly for consideration.
(4) The Board of any subsidiary is accountable to the Post Office in respect of the

performance of its functions.

23. Application of Public Finance Management Act
(1) The Post Office is subject to the Public Finance Management Act.
(2) The Board must ensure that the provisions of the Public Finance Management Act, in particular sections 52 (submission of annual budget and corporate plan) and 55 (annual reporting on financial affairs), are duly complied with.
(3) (a) The Minister must table in Parliament the annual report and financial

statements of the Post Office and its subsidiaries, contemplated in section 55 of the Public Finance Management Act—

(i) within 14 days after receiving the report, if Parliament is in session; or

(ii) if Parliament is not in session, within 14 days after the commencement of the next Parliamentary session.

(b) The annual report and financial statements must clearly differentiate between the annual report and financial statements of the Post Office and those of its subsidiaries.
(4) The Board must submit such other accounts, reports and statements as the Minister or the Minister of Finance, or both, may require.
25. Ingryping deur Minister
(5) The Minister must—

(a) review the performance of the Post Office regularly whilst it is under

administration; and

(b) within six months of appointing the administrator, table a report on his or her findings in the National Assembly.
29. Regulations and policy
(1) The Minister may make regulations regarding—

(a) any matter relating to the functioning of the Board that is necessary to ensure efficiency and effectiveness in the performance of its functions; and

(b) any ancillary or incidental administrative or procedural matter that is

necessary to prescribe for the proper implementation or administration of this Act.

(2) The Minister may make policies on matters of national policy applicable to the

Post Office and its subsidiaries, consistent with the objects of this Act, and may at any time thereafter amend any such policies made.

(3) When making or amending a policy under subsection (2) the Minister must—

(a) obtain Cabinet approval;

(b) table the policy in the National Assembly at least 30 days before publishing the final version of the policy in terms of paragraph (c); and

(c) publish the final version of the policy in the Gazette.