Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 523 Cape Town

30 January 2009

No. 31857

THE PRESIDENCY No. 84 30 January 2009 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 57 of 2008: South African Police Service Amendment Act, 2008.

AIDS HELPLINE: 0800-123-22 Prevention is the cure

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GOVKRNMKNT GAZETTE, 30 JANUARY 2009 SOUTH AFRICAN POLICE SERVICE AMENDMENT ACT. 2008

Act No. 57, 2008

GENERAL EXPLANATORY NOTE: [ ] W o r d s in bold type in square b r a c k e t s indicate o m i s s i o n s from existing e n a c t m e n t s . W o r d s underlined with a solid line indicate insertions existing e n a c t m e n t s . in

(English text signed by the (Assented to 27 January

President.) 2009.)

ACT
To a m e n d t h e S o u t h A f r i c a n Police S e r v i c e A c t , 1995, in o r d e r t o — • e n h a n c e the c a p a c i t y of the S o u t h African Police S e r v i c e to p r e v e n t , c o m b a t a n d investigate national priority c r i m e s a n d o t h e r c r i m e s , by e s t a b l i s h i n g a s e p a r a t e D i v i s i o n in t h e S o u t h A f r i c a n Police S e r v i c e , the D i r e c t o r a t e for Priority C r i m e I n v e s t i g a t i o n ; • p r o v i d e for t h e t r a n s f e r of p o w e r s , i n v e s t i g a t i o n s , a s s e t s , b u d g e t and liabilities of the D i r e c t o r a t e of Special O p e r a t i o n s , e s t a b l i s h e d in t e r m s of the N a t i o n a l P r o s e c u t i n g A u t h o r i t y A c t , 1998, to t h e S o u t h A f r i c a n Police Service; • p r o v i d e for the a p p o i n t m e n t of t h e H e a d of t h e D i r e c t o r a t e for Priority Crime Investigation; • e n s u r e a m u l t i - d i s c i p l i n a r y a n d i n t e g r a t e d a p p r o a c h in t h e p r e v e n t i o n , c o m b a t i n g a n d i n v e s t i g a t i o n of the a b o v e c r i m e s by p r o v i d i n g for the s e c o n d m e n t of p e r s o n n e l f r o m o t h e r G o v e r n m e n t d e p a r t m e n t s o r institutions to t h e D i r e c t o r a t e for Priority C r i m e I n v e s t i g a t i o n ; • p r o v i d e for the security s c r e e n i n g of a n d integrity m e a s u r e s for p e r s o n n e l of t h e Directorate for Priority C r i m e I n v e s t i g a t i o n ; • p r o v i d e for the d e s i g n a t i o n by t h e President of a Ministerial C o m m i t t e e to o v e r s e e the f u n c t i o n i n g of the D i r e c t o r a t e for P r i o r i t y C r i m e Investigation; • p r o v i d e for the e s t a b l i s h m e n t of a n O p e r a t i o n a l C o m m i t t e e c o m p r i s i n g s e n i o r officials to facilitate, review, m o n i t o r a n d i m p r o v e inter-depart­ mental co-operation; • p r o v i d e for P a r l i a m e n t a r y o v e r s i g h t in respect of the activities of the D i r e c t o r a t e for Priority C r i m e I n v e s t i g a t i o n ; • p r o v i d e for t h e e s t a b l i s h m e n t of a m e c h a n i s m to deal with c o m p l a i n t s of a s e r i o u s n a t u r e p e r t a i n i n g to the D i r e c t o r a t e for P r i o r i t y C r i m e Investigation; • p r o v i d e for transitional a r r a n g e m e n t s , including the selection o f p e r s o n ­ nel, to i m p l e m e n t t h e A c t ; a n d • p r o v i d e for m a t t e r s c o n n e c t e d t h e r e t o .

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Act No. 57, 2008

" Q A R L I A M E N T of the Republic of South Africa enacts as folk

A m e n d m e n t of s e c t i o n 5 of A c t 6 8 of 1995 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 h s (b) and ft) of the following paragraphs: "(b) m e m b e r s appointed in terms of section 28(2) of this Act; [ a n d ] (c) persons w h o b e c o m e m e m b e r s of the R e s e r v e 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 r s appointed to the Directorate for Priority C r i m e Investiga­ tion established by section 1 7 C " . A m e n d m e n t of section 16 of A c t 6 8 of 1995 2. Section 16 of the principal Act is hereby a m e n d e d — (a) by the substitution in subsection (2) for paragraph (a) of the following paragraph: "(a) by a person, g r o u p of persons or syndicate acting i n — (i) an organised fashion; or (ii) a m a n n e r w h i c h could result in substantial financial gain for the person, g r o u p of p e r s o n s or syndicate i n v o l v e d . " ; (b) by the deletion in subsection (2) of the word "and*' at the end of p a r a g r a p h (/): (c) by the insertion in subsection (2) of the following paragraph after p a r a g r a p h (')• "(7A) in respect of the c o m m i s s i o n of any alleged offence m e n t i o n e d in the S c h e d u l e ; o r " ; by the substitution in subsection (2) for paragraph (j) of the following paragraph: "(j) in respect of which the prevention or investigation by m e m b e r s under the c o m m a n d of a Provincial C o m m i s s i o n e r will d e t r i m c n tally affect or h a m p e r the prevention or investigation of c i r c u m ­ stances referred to in paragraphs (a) to [(/)] ( / A ) . " ; and 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 p h (a)(\), 'organised fashion' includes the planned, o n g o i n g , c o n t i n u o u s or repeated participation, i n v o l v e m e n t or e n g a g e m e n t in at least t w o incidents of criminal or unlawful c o n d u c t that has the s a m e or similar intents, results, a c c o m ­ plices, victims or m e t h o d s of c o m m i s s i o n , or o t h e r w i s e are related by distinguishing c h a r a c t e r i s t i c s . " . 25 15

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Insertion of C h a p t e r 6 A in A c t 6 8 of 1995 3. T h e following Chapter is hereby inserted in the principal Act after C h a p t e r 6: " C H A P T E R 6A DIRECTORATE FOR PRIORITY CRIME INVESTIGATION Definitions 17A. In this Chapter, unless the context otherwise i n d i c a t e s — ' D i r e c t o r a t e ' m e a n s the Directorate for Priority C r i m e Investigation, established by section 17C; 'Ministerial C o m m i t t e e ' m e a n s the C o m m i t t e e referred to in section 171(1); 'national priority offence' m e a n s organised crime, c r i m e that requires national prevention or investigation, or c r i m e 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 a l C o m m i t t e e ' m e a n s the Operational C o m m i t t e e established by section I7J.

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A p p l i c a t i o n of C h a p t e r recognised and taken into account: 17B. In the application of this C h a p t e r the following should be (a) T h e need to establish a Directorate as a Division of the Service to prevent, c o m b a t and investigate national priority offences, in particu­ lar serious organised crime, serious c o m m e r c i a l c r i m e and serious corruption. (b) The need to ensure that the D i r e c t o r a t e — (i) i m p l e m e n t s , w h e r e appropriate, a multi-disciplinary a p p r o a c h and an integrated m e t h o d o l o g y involving the c o - o p e r a t i o n of all relevant G o v e r n m e n t d e p a r t m e n t s and institutions; (ii) has the necessary i n d e p e n d e n c e to perform its functions; (iii) is e q u i p p e d with the appropriate h u m a n and financial resources to perform its functions; (iv) 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 n t of personnel whose integrity is b e y o n d reproach. E s t a b l i s h m e n t a n d c o m p o s i t i o n of D i r e c t o r a t e 1 7 C . (1) T h e Directorate for Priority C r i m e Investigation is h e r e b y established as a Division of the Service. (2) T h e Directorate c o m p r i s e s — (a) the Head of the Directorate, w h o shall be a Deputy National C o m m i s s i o n e r appointed by the Minister in c o n c u r r e n c e with C a b i n e t ; (b) persons appointed by the National C o m m i s s i o n e r 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 c e or k n o w l e d g e ; (c) an adequate n u m b e r of legal officers appointed to the Directorate: and (d) officials from any G o v e r n m e n t d e p a r t m e n t or institution, s e c o n d e d to the Directorate in terms of laws g o v e r n i n g the public service. (3) T h e Minister shall report to Parliament on the a p p o i n t m e n t of the H e a d of the Directorate. F u n c t i o n s of Directorate 17D. (1) T h e functions of the Directorate are to prevent, c o m b a t and investigate— (a) national priority offences, w h i c h in the opinion of the H e a d 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 (b) 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 . (2) If, during the course of an investigation by the Directorate, e v i d e n c e of any other c r i m e is detected and the H e a d of the Directorate c o n s i d e r s 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 h e 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 n s to d e s i g n a t e a Director of Public Prosecutions to exercise the p o w e r s of section 28 of the National Prosecuting Authority Act, 1998 (Act N o . 32 of 1998).

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Security s c r e e n i n g a n d integrity m e a s u r e s s e c17E.m e n t to,n y person w h o shall be subject for a psecuritye nscreening o n d (1) A the Directorate, is considered to p o i n t m t in, or investigation in terms of and in a c c o r d a n c e with section 2A of the National Strategic Intelligence Act, 1994 (Act N o . 39 of 1994). (2) N o person may be a p p o i n t e d to the Directorate u n l e s s — (a) a security clearance has been issued to that person in t e r m s of section 2 A ( 6 ) of the National Strategic Intelligence Act, 1994. by the H e a d of the C r i m e Intelligence Division of t h e Service; (b) a security clearance on the required level and which is still valid has been issued to the person in question in t e r m s of section 2 A ( 6 ) of the National Strategic Intelligence Act, 1994; or (c) a temporary security clearance has been issued by the H e a d of the C r i m e Intelligence Division of the Service after the person had submitted an application to the H e a d of the C r i m e Intelligence Division to have a security screening investigation c o n d u c t e d . (3) Any a p p o i n t m e n t on the basis of a t e m p o r a r y security c l e a r a n c e 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 e r the H e a d of the C r i m e Intelligence Division of the Service in t e r m s of section 2 A ( 6 ) of the National Strategic Intelligence Act, 1994. upon r e a s o n a b l e g r o u n d s , d e g r a d e s , w i t h d r a w s or refuses a security clearance, the National C o m m i s s i o n e r m a y transfer such p e r s o n from the Directorate, or if such person cannot b e r e d e p l o y e d e l s e w h e r e in the Service, discharge him or her, subject to the provisions of section 34. (5) A m e m b e r of the Directorate m a y from time to time, or at such regular intervals as the H e a d 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 a d of the Directorate, he or she reasonably believes that the person c o n c e r n e d p o s e s a security risk, he or she m a y require the m e m b e r to u n d e r g o a further security s c r e e n i n g investigation. (7) (a) A n y m e m b e r of the Directorate must, in the prescribed m a n n e r 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 t e family m e m b e r s . (b) For the purpose of paragraph (a), ' i m m e d i a t e 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 n t life partner of that m e m b e r , and includes dependent children of. and dependent family m e m b e r s living in the s a m e household with that m e m b e r . (8) (a) T h e Minister may prescribe m e a s u r e s for integrity testing of m e m b e r s of the Directorate, which m a y include r a n d o m 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 p h or similar instrument to ascertain, confirm or e x a m i n e in a scientific m a n n e r the truthfulness of a statement m a d e by a person. (b) T h e necessary samples required for any test referred to in p a r a g r a p h (a), m a y be taken, but any sample taken from the b o d y of a m e m b e r m a y only be taken by a registered medical practitioner or a registered nurse. (c) T h e Minister shall prescribe m e a s u r e s to e n s u r e the confidentiality of information obtained through integrity testing, if such m e a s u r e s are prescribed in t e r m s of paragraph (a). Multi-disciplinary approach 17F. (1) G o v e r n m e n t d e p a r t m e n t s or institutions shall, w h e n required to d o so, take reasonable steps to assist the Directorate in the a c h i e v e m e n t of its objectives.

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(2) T h e National C o m m i s s i o n e r shall request the s e c o n d m e n t of personnel from any other G o v e r n m e n t d e p a r t m e n t or institution, w h e n e v e r the H e a d of the Directorate requests such s e c o n d m e n t . (3) T h e Directorate shall be assisted in the p e r f o r m a n c e of its functions by personnel seconded by relevant G o v e r n m e n t d e p a r t m e n t s or institutions, w h i c h may include personnel from the South African R e v e n u e S e r v i c e , the Financial Intelligence Centre and the D e p a r t m e n t of H o m e Affairs. (4) The National Director of Public P r o s e c u t i o n s must e n s u r e that a dedicated c o m p o n e n t of prosecutors is available to assist and c o - o p e r a t e with m e m b e r s of the Directorate in conducting its investigations. (5) T h e Director-General of the G o v e r n m e n t d e p a r t m e n t or H e a d of the relevant G o v e r n m e n t 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 n s as m a y be agreed upon between the National C o m m i s s i o n e r and the Director-General of the d e p a r t m e n t or H e a d of the G o v e r n m e n t 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 m e 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 e d by the C r i m e 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 c e of its functions. (7)(a) If the National C o m m i s s i o n e r so requests, any person s e c o n d e d in terms of subsection (3) shall retain the p o w e r s , duties and functions e n d o w e d by any law g o v e r n i n g the p o w e r s , duties and functions of that d e p a r t m e n t or institution, and that person may exercise such p o w e r s , duties and functions under the c o m m a n d 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 e d by the H e a d of the s e c o n d i n g G o v e r n m e n t d e p a r t m e n t or institution. (b) A person s e c o n d e d u n d e r paragraph (a) shall in the p e r f o r m a n c e of his or her functions act in t e r m s of the laws applicable to the G o v e r n m e n t d e p a r t m e n t 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 e r and the Director-General of the G o v e r n m e n t D e p a r t m e n t or H e a d of the G o v e r n ment institution. C o n d i t i o n s of service 17G. T h e r e m u n e r a t i o n , a l l o w a n c e s and other c o n d i t i o n s of service of m e m b e r s of the Directorate shall be regulated in t e r m s of section 2 4 . F i n a n c e s a n d financial accountability 17H. (1) Expenditure in c o n n e c t i o n with the administration and functioning of the Directorate must be paid from m o n i e s appropriated by Parliament for this p u r p o s e to the d e p a r t m e n t a l vote in t e r m s of the P u b l i c F i n a n c e M a n a g e m e n t Act, 1999 (Act N o . 1 of 1999). (2) T h e National C o m m i s s i o n e r is the accounting officer for the m o n i e s referred to subsection (1). C o o r d i n a t i o n by C a b i n e t 171. ( I ) T h e President shall for purposes of subsections (2) and (3) designate a Ministerial C o m m i t t e e which shall i n c l u d e — (a) at least the Ministers for— (i) Safety and Security; (ii) Finance; (iii) H o m e Affairs;

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(iv) Intelligence; and (v) Justice; as well as (b) any other Minister designated from time to time by the President. (2) T h e Ministerial C o m m i t t e e m a y d e t e r m i n e — (a) policy guidelines in respect of the functioning of the Directorate; (b) policy guidelines for the selection of national priority offences by the Head of the Directorate in t e r m s of section )lD(\)(a); (c) policy guidelines for the referral to the Directorate by the National C o m m i s s i o n e r of any offence or category of offences for investigation by the Directorate in terms of section 17D(!)(/?); (d) p r o c e d u r e s to coordinate the activities of the Directorate and other relevant G o v e r n m e n t d e p a r t m e n t s or institutions. (3) (a) T h e Ministerial C o m m i t t e e 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 e r and the H e a d of the Directorate shall, upon request of the Ministerial C o m m i t t e e , provide p e r f o r m a n c e and implementation reports to the Ministerial C o m m i t t e e . Operational Committee 17J. (\)(a) T h e r e is hereby established a c o m m i t t e e , to b e k n o w n as the Operational C o m m i t t e e , which c o m p r i s e s — (i) the National C o m m i s s i o n e r , as chairperson; (ii) the H e a d of the Directorate, as d e p u t y chairperson; (iii) the National Director of Public P r o s e c u t i o n s ; (iv) 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 c y and H o m e Affairs; (v) the C o m m i s s i o n e r of the South African R e v e n u e Service; (vi) the H e a d of the Financial Intelligence C e n t r e ; and (vii) such other persons as the Operational C o m m i t t e e m a y require from time to time, for the duration d e t e r m i n e d by the Operational Committee. (b) An official at the rank of at least an Assistant C o m m i s s i o n e r or Chief Director m a y be designated on a p e r m a n e n t basis to represent any official mentioned above if he or she is not available: Provided that the official listed in paragraph (a) m a y also attend. (2) The Operational C o m m i t t e e s h a l l — (a) review, monitor and facilitate the support and assistance of the respective G o v e r n m e n t d e p a r t m e n t s or institutions to the Directorate as well as s e c o n d m e n t s to the Directorate, and address p r o b l e m s which arise regarding such support and assistance; (b) perform such functions as from time to time m a y be directed by the Ministerial C o m m i t t e e : (c) report to the Ministerial C o m m i t t e e 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. Parliamentary oversight 17K. (1) Parliament shall effectively oversee the functioning of the Directorate and the c o m m i t t e e s established in t e r m s of this Chapter. (2) T h e National C o m m i s s i o n e r shall include in the annual report to Parliament in terms of section 55(d) of the Public F i n a n c e M a n a g e m e n t Act, 1999 (Act N o . 1 of 1999). a report in respect of the activities of the Directorate.

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(3) In addition to the annual report m e n t i o n e d in subsection (2), the H e a d of the Directorate shall at any t i m e w h e n requested to d o so b y Parliament, submit a report on the activities of the Directorate. (4) T h e Minister shall submit to P a r l i a m e n t 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), (b) and (c) submitted for approval to Parliament that are not a p p r o v e d within three m o n t h s of submission shall be d e e m e d to be a p p r o v e d . (6) T h e Minister shall, not later than three years after the c o m m e n c e m e n t of this section, submit a report to P a r l i a m e n t on whether any legislative a m e n d m e n t s are required to i m p r o v e the functioning of the Directorate. Complaints mechanism 17L. (1) (a) T h e Minister shall, after consultation with the Minister of Justice and the Chief Justice, appoint a retired j u d g e in order to investigate c o m p l a i n t s referred to in subsection (4). (b) For purposes of paragraph (a) 'retired j u d g e ' shall m e a n a j u d g e 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 o n and C o n d i t i o n s of E m p l o y m e n t Act. 2001 (Act N o . 4 7 of 2 0 0 1 ) . (2) T h e performance of the functions p r o v i d e d for in respect of the retired j u d g e does not derogate from the p o w e r s of the I n d e p e n d e n t C o m p l a i n t s Directorate referred to in section 5 0 to investigate c o m p l a i n t s in respect of any m e m b e r , including m e m b e r s in the Directorate for Priority C r i m e Investigation. (3) T h e retired j u d g e shall not investigate c o m p l a i n t s about intelligence matters falling under the jurisdiction of the Inspector-General of Intelli­ gence. (4) T h e retired j u d g e m a y receive c o m p l a i n t s in the prescribed form and manner from— (a) any m e m b e r of the public w h o can provide e v i d e n c e of a serious and unlawful infringement of his or her rights caused by an investigation by the Directorate; or (b) any m e m b e r of the Directorate w h o can p r o v i d e e v i d e n c e of any i m p r o p e r influence or interference, whether of a political or any other nature, exerted upon h i m or her r e g a r d i n g the c o n d u c t i n g of an investigation. (5) T h e retired j u d g e may upon receipt of a c o m p l a i n t investigate such c o m p l a i n t or refer it to be dealt with by, a m o n g s t others, the Secretariat, the I n d e p e n d e n t C o m p l a i n t s Directorate, the National C o m m i s s i o n e r , the H e a d 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 a l of Intelligence, or any institution mentioned in chapter 9 of the Constitution of the R e p u b l i c of South Africa, 1996. (6) T h e retired j u d g e shall report the o u t c o m e of any investigation undertaken b y him or her or any referral to the Minister. (7) T h e retired j u d g e may request and obtain information from the National Director of Public Prosecutions in so far as it m a y be necessary for the j u d g e to conduct an investigation: P r o v i d e d that the National Director of Public Prosecutions may on r e a s o n a b l e g r o u n d s refuse to a c c e d e to such request. (8) To the extent that it is reasonably necessary for the p e r f o r m a n c e of the functions of the retired j u d g e , he or s h e — (a) m a y obtain information and d o c u m e n t s under the control of the Service; (b) may enter any building or p r e m i s e s under the control of the Service in order to obtain such information and d o c u m e n t s ; and (c) shall be entitled to all reasonable assistance by a m e m b e r . (9) T h e j u d g e shall annually report to P a r l i a m e n t on the p e r f o r m a n c e of his or her functions. (10) T h e Head of the Directorate m a y request the retired j u d g e to investigate c o m p l a i n t s or allegations relating to investigations by the Directorate or alleged interference with such investigations.

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(11) Any person w h o m a k e s a c o m p l a i n t in t e r m s of this section shall not be entitled to use this section to establish w h e t h e r 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 o n of such investigation on the basis that such c o m p l a i n t has been m a d e . (12) T h e Minister shall ensure that the retired j u d g e h a s sufficient personnel and resources to fulfill his or her functions.". A m e n d m e n t of section 2 4 of A c t 6 8 of 1995 4. Section 24 of the principal Act is hereby a m e n d e d by the insertion in subsection (1) after s u b p a r a g r a p h (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 m e Investigation established in terms of section 17C: (i) The m a n n e r and intervals for disclosure of financial and other interests as required in terms of section 1 7 E ( 7 ) ( a ) : (ii) the m e a s u r e s for integrity testing of m e m b e r s of the Directorate for Priority C r i m e Investigation as c o n t e m p l a t e d in section 17E(8)(a); (iii) the m e a s u r e s to e n s u r e the confidentiality of information o b t a i n e d as contemplated in section 17E(8)(c); (iv) the form and m a n n e r in which c o m p l a i n t s referred to in section 17L(4) m u s t be m a d e to the retired j u d g e ; " . I n s e r t i o n of S c h e d u l e in A c t 6 8 of 1995 5. T h e following S c h e d u l e is hereby inserted into the principal Act after section 7 3 : "Schedule (Section 16(2)(/A)) 1 High treason: 2 any offence referred to in paragraph (a) of the definition of 'specified offence' of the Protection of Constitutional D e m o c r a c y against Terrorist and Related Activities Act, 2 0 0 4 (Act N o . 33 of 2 0 0 4 ) ; 3 sedition; 4 any offence referred to in Schedule 1 to the I m p l e m e n t a t i o n of the R o m e Statute of the International Criminal Court Act, 2 0 0 2 (Act N o . 27 of 2 0 0 2 ) ; 5 any offence referred to in C h a p t e r s 2, 3 and 4 of the P r e v e n t i o n of Organised C r i m e Act, 1998 (Act N o . 121 of 1998); 6 any offence referred to in section 13(/) of the D r u g s and D r u g Trafficking Act, 1992 (Act N o . 140 of 1992); 7 any offence referred to in the Non-Proliferation of W e a p o n s of M a s s Destruction Act, 1993 (Act N o . 87 of 1993); 8 any offence relating to the dealing in or s m u g g l i n g of a m m u n i t i o n , firearms, explosives or a r m a m e n t and the unlawful possession of s u c h firearms, e x p l o s i v e s or a r m a m e n t ; 9 any offence c o n t e m p l a t e d in C h a p t e r 2 and section 34 of the Prevention and C o m b a t i n g of Corrupt Activities Act, 2 0 0 4 (Act N o . 12 of 2 0 0 4 ) ; 10 any offence referred to in the R e g u l a t i o n of F o r e i g n Military Assistance Act, 1998 (Act N o . 15 of 1998), or the Prohibition of M e r c e n a r y Activities and the Regulation of Certain Activities in C o u n t r y of A r m e d Conflict Act. 2 0 0 6 (Act N o . 27 of 2 0 0 6 ) ; 11 any offence referred to in the National C o n v e n t i o n a l A r m s Control A c t . 2 0 0 2 (Act N o . 41 of 2 0 0 2 ) ; 12 any offence the p u n i s h m e n t wherefor may be i m p r i s o n m e n t for l i f e . " . 25 20

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Transfer of p o w e r s , investigations, assets, b u d g e t a n d liabilities 6. (1) In this s e c t i o n — (a) any word or expression in respect of which a specific m e a n i n g has been assigned by the South African Police Service Act, 1995 (Act N o . 68 of 1995), has the s a m e m e a n i n g ; (b) any word or expression in respect of which a specific m e a n i n g 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 n s a date to be d e t e r m i n e d by the President by proclamation in the Gazette. (2) A s from the fixed d a t e — (a) all p o w e r s exercised and functions performed by special investigators i m m e d i a t e l y before the fixed date, shall be exercised and performed by the Directorate for Priority C r i m e Investigation; (b) investigations of the Directorate of Special O p e r a t i o n s shall be dealt with as if this Act had at all times been in force; (c) the allocated budget and assets and liabilities of the Directorate of Special O p e r a t i o n s as agreed upon b e t w e e n the a c c o u n t i n g 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 c e with section 4 2 of the Public Finance M a n a g e m e n t Act, 1999 (Act N o . 1 of 1999). (3) T h e Registrar of D e e d s must m a k e the necessary entries and e n d o r s e m e n t s for the transfer of any property in terms of this section. (4) F o r the purposes of the I n c o m e Tax Act, 1962 (Act N o . 58 of 1962), no c h a n g e of e m p l o y e r m u s t be regarded as having taken place w h e n 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 n t at the South African Police Service. (5) F o r so long as the r e m u n e r a t i o n , a l l o w a n c e s and other conditions of service of those transferred to the South African Police Service under section 4 3 A ( 3 ) of the National P r o s e c u t i n g Authority Act, 1998, are more favourable than those d e t e r m i n e d under section 17G of this Act, section 4 3 A ( 4 ) of the National P r o s e c u t i n g A u t h o r i t y Act, 1998. prevails. (6) T h i s 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 e r investigation by the Directorate of Special O p e r a t i o n s on or before the fixed date. Selection of p e r s o n n e l 7. (1) T h e National C o m m i s s i o n e r 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 n t in the Directorate from the following persons: (a) F o r m e r 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 e d in section 7(4)(a)(iiA) of the National P r o s e c u t i n g A u t h o r i t y 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 n g A u t h o r i t y A c t . 1998; m e m b e r s w h o , immediately before the c o m m e n c e m e n t of the S o u t h African Police Service A m e n d m e n t Act, 2 0 0 8 , served in the O r g a n i s e d C r i m e C o m p o n e n t of the Service; lc) m e m b e r s w h o , immediately before the c o m m e n c e m e n t of the S o u t h African Police S e r v i c e A m e n d m e n t Act, 2 0 0 8 . served in the C o m m e r c i a l C r i m e C o m p o n e n t of the Service; (d) any other m e m b e r of the Service; and (e) any administrative and support personnel e m p l o y e d at the fixed date by the Directorate of Special O p e r a t i o n s and the South African Police Service. (2) T h e H e a d of the Directorate for Priority C r i m e Investigation shall advise the National C o m m i s s i o n e r 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 e d with reference, a m o n g s t others, to e x p e r i e n c e , training, skills, c o m p e t e n c e or k n o w l e d g e . (b)

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(4) T h e selection and a p p o i n t m e n t of m e m b e r s in the Directorate for Priority C r i m e Investigation shall be subject to the South African Police Service Act, 1995 or the PublicService Act, 1994, w h i c h e v e r is applicable. J o i n t audit a n d i m p l e m e n t a t i o n t e a m s 8. (1) T h e National Director of Public Prosecutions and the National C o m m i s s i o n e r shall n o m i n a t e senior officials of t h e Directorate of Special O p e r a t i o n s 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 n t and e q u i p m e n t of the Directorate of Special O p e r a t i o n s in order to i m p l e m e n t this Act. (2) T h e officials referred to in subsection (1) shall facilitate the i m p l e m e n t a t i o n of this Act as soon as possible. (3) T h e National Director of Public P r o s e c u t i o n s a n d the National C o m m i s s i o n e r shall report to Parliament on a quarterly basis on the progress m a d e with the i m p l e m e n t a t i o n of the Act. S h o r t title a n d c o m m e n c e m e n t 9. T h i s A c t is called the South African Police Service A m e n d m e n t Act, 2 0 0 8 , and c o m e s into operation on a date d e t e r m i n e d by the President by proclamation in the Gazette. 5

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