POLICE ACT (as amended)
29A Trial of member for offence and
jurisdiction of court or tribunal
(1) Subject to this Part, a member who commits
an offence in terms of section twenty-nine may be
tried by—
(a) the High Court; or
(b) a magistrates court; or
(c) a board of officers, or
(d) an officer in terms of section thirty-four;
and the punishment that may be imposed upon
him shall be as follows
(i) in the case of a trial before the High
Court or a magistrates court, any punishment to which the member is liable
in terms of section twenty-nine:
Provided that a magistrate shall
not impose a punishment that exceeds
his jurisdiction in terms of section 50 or
51, as the case may be, of the Magistrates Court Act [Chapter 7:10];
(ii) in the case of a trial before a board of
officers, a fine not exceeding level five
or imprisonment for a period not exceeding six months or both such fine
and such imprisonment;
(iii) in the case of a trial before an officer
A. a fine not exceeding level two or
imprisonment for a period not exceeding fourteen days or both such fine and
such imprisonment; or
B. a minor punishment, whether imposed
in addition, or as an alternative, to the
punishment referred to in subparagraph A.
frain from performing any duties in terms of
this Part or from becoming a Constabulary
member;
shall be guilty of an offence and liable to a fine not
exceeding level seven or to imprisonment for a
period not exceeding six months or to both such
fine and such imprisonment.
[Subsection amended by s. 4 of Act 22/2001]
(3) Subject to any enactment or agreement to
the contrary, an employer shall not be required to
pay any person in his employ any wages or salary
for the time when he is absent from work for the
purpose of performing his duties in terms of this
Part.
(4) If in any prosecution for an offence in terms
of paragraph (b) of subsection (2) it is proved that
the accused dismissed or gave notice of dismissal
to any person in his employ or reduced his wages
or salary or gave notice of the reduction of his
wages or salary or otherwise placed him in a
position or indicated an intention to place him in a
position whereby his remuneration was or was
likely to be substantially reduced—
(a) when he had, to the knowledge of the accused, volunteered for or received notice that
he was required to perform any duties in
terms of this Part; or
(b) while he was performing any duties in terms
of this Part; or
(c) within twelve months of his completing any
duties in terms of this Part;
it shall be presumed, unless the contrary is proved,
that the accused was penalizing him for volunteering for entering upon or performing those duties.
[Section inserted by by s. 4 of Act 22/2001]
PART V
30 Composition of boards of officers
(1) Boards consisting of not less than three
officers of the rank of superintendent or higher
rank may be convened by the Commissioner for
the trial of members:
Provided that no officer who is a material witness or has a personal interest in the case shall be
appointed to such a board.
(2) The senior officer appointed to a board of
officers shall preside at such board and record or
cause to be recorded in writing or by mechanical
means all evidence which may be given before the
board.
DISCIPLINE
29 Contravention by member of Act or
order thereunder an offence
A member who contravenes any provision of
this Act or an order made thereunder, or who
commits an offence specified in the Schedule,
shall be guilty of an offence and liable to a fine not
exceeding level ten or to imprisonment for a
period not exceeding five years or to both such fine
and such imprisonment.
[Section substituted by s. 4 of Act 22/2001]
[Chapter 11:10]
10
Reissue