POLICE ACT (as amended)
pension benefits shall be fixed by the President
either at the time of their appointment or, subject
to subsection (5) of section 109 and Schedule 6 to
the Constitution, at any time thereafter.
(2) When fixing conditions of service of a
member of the Police Service Commission in
terms of subsection (1), the President may direct
that any enactment relating to the conditions of
service of members of the Police Force, the Defence Forces or the Public Service shall apply to
the conditions of service of the member, subject to
such modifications, exceptions or conditions as the
President may specify, and thereupon the enactment concerned shall so apply to the conditions of
service of the member concerned.
(3) For the purposes of any inquiry or investigation carried out by it in terms of this Act, the
Police Service Commission shall have the same
powers as are conferred upon commissioners in
terms of the Commissions of Inquiry Act [Chapter
10:07], other than the power to order a person to
be detained in custody, and sections 9 to 13 and 15
to 19 of that Act shall apply, mutatis mutandis, in
relation to such an inquiry or investigation and to
any person summoned to give or giving evidence
at that inquiry or investigation:
Provided that no person shall be required by the
Police Service Commission to disclose information
or to produce an official document, book or other
record if—
(a) its disclosure or production is prohibited or
restricted in terms of any enactment prohibiting or restricting the disclosure of information; or
(b) the Minister certifies in writing that its
disclosure or production would be contrary to
the interests of the Police Force.
55 Functions of Police Service
Commission
(1) The functions of the Police Service Commission shall be—
(a) after consultation with the Commissioner, to
make recommendations to the Minister regarding salaries and the general conditions
of service of members of the Police Force;
(b) to inquire into and deal with complaints,
other than complaints relating to disciplinary
action. by any member;
(c) to exercise any other functions that may be
imposed or conferred upon the Police Service
Commission in terms of this Act or any other
enactment.
(2) In the exercise of its functions in terms of
this Act, the Police Service Commission, after
consultation with the Commissioner, may—
(a) carry out any inquiry or investigation into
the practices of the Police Force;
(b) require the production of any documents,
books or other records;
(c) summon and examine any witness whose
evidence it considers will assist the conduct
of its inquiries or investigations;
(d) obtain information and advice from any
member of the Police Force:
Provided that, without the consent of the Commissioner, no document, book or record may be
examined or information or advice obtained in
terms of this subsection if it relates solely to the
nature of the investigations or prosecution of a
particular criminal offence.
[Chapter 11:10]
56 Procedure of Police Service
Commission
The Police Service Commission shall meet at
least once every month for the discharge of its
business and adjourn, close and otherwise regulate
its meetings and proceedings as it thinks fit.
57 Staff of Police Service Commission
The Minister, in consultation with the Public
Service Commission or the Commissioner, as may
be appropriate, may second to the Commission
such members of the Public Service or Police
Force as may be necessary for the exercise of the
functions of the Commission.
58 Reports of Police Service Commission
(1) The Police Service Commission—
(a) shall as soon as possible after the 31st
December in each year, submit to the Minister an annual report upon matters dealt with
by the Commission during the previous year,
save such matters as the Commission may
consider inexpedient to publish;
(b) may at any time submit to the Minister a
special report on any matter upon which the
Commission considers it desirable to report.
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