- Government
Gazette 14927
-
STATE
PRESIDENT'S
OFFICE No.
1167.
-
7
July
1993
-
- It
is hereby
notified that
the
State
President has
assented
to the
following Act
which is
hereby
published for
general
information:-
-
- No.
95 of
1993:
Security
Forces
Board of
Inquiry Act,
1993
-
- ACT
-
- To
provide for
the establishment
of a
Security
Forces Board
of Inquiry
to inquire
into
any allegation
that an
offence has
been
committed
by a
member
of the
Security
Forces; to
regulate
the
powers,
functions
and duties
of the
said
Board; and
to provide
for matters
connected therewith.
-
- (English
text
signed by
the State
President.)
(Assented
to 23
June
1993.)
-
- BE
IT ENACTED
by the
State President
and the
Parliament
of the
Republic of
South
Africa, as
follows:-
-
- Definitions
-
- 1.
In this
Act, unless
the
context
otherwise
indicates-
-
- (i)
"area" means
an area
the
boundaries
of which
have
been
determined
in terms
of section
7;(ii)
-
- (ii)
"Area
Director"
means
an Area
Director
designated
under
section
-
8(1);
(iii)
-
- (iii)
"Board"
means
the Security
Forces
Board
of Inquiry
established
by section
2;(vii)
-
- (iv)
"Chairman"
means
the
Chairman
of the
Board mentioned
in section
-
3(1)(a);
(viii)
-
- (v)
"Chief
Executive
Officer"
means
the Chief
Executive
Officer
referred
to in
section
3(3);
(iv)
-
- (vi)
"member
of a
security
force"
means a
member-
-
- (a)
of the
South
African Defence
Force
or the
Reserve referred
to in
sections
5 and
6,
respectively,
of the
Defence
Act,
-
1957
(Act
No. 44
of 1957);
-
- (b)
of the
Force as
defined
in
section 1
of the
Police Act,
-
1958
(Act
No. 7
of 1958);
-
- (c)
of the
Department
of Correctional
Services referred
to in
section
2(1) of
the
Correctional
Services
Act,
1959
(Act No.
8 of
1959)
-
- (d)
of a
category
referred to
in
section
334(1)
of the
Criminal
Procedure Act,
1977
(Act
No. 51
of 1977),
for the
purposes
of the
exercise
of his
powers likewise
referred
to; or
-
- (e)
in the
case
of a
self-governing territory
in respect
of which
a proclamation
has
been issued
under section
16, of
the police
force
of such
self-governing territory;
(v)
-
- (vii)
"Minister"
means
the Minister
of Justice;
(vi)
(viii) "serious
offence"
means-
-
(a)
murder;
-
- (b)
kidnapping;
-
- (c)
assault with
intent
to do
grievous
bodily harm,
if such
assault was
committed
on a
person
while
he was
in custody;
-
- (d)
defeating
the
ends of
justice;
-
- (e)
a contravention
of the
Corruption
Act,
1992 (Act
No. 94
of 1992)
-
- (f)
any
other
offence
which in
the opinion
of the
Chairman
and the
Chief
Executive
Officer is
of a
serious nature;
-
- (g)
any
attempt
to commit
an offence
mentioned
in
paragraphs
(a)
-
to
(e).
(i)
-
- Establishment
and objects
of Board
-
- 2.
(1) (a)
There is
hereby
established
a board
to be
known
as the
-
Security
Forces
Board
of
Inquiry.
-
- (b)
The seat
of the
Board
shall
be in
Pretoria.
-
- (2)
The objects
of the
Board are-
-
- (a)
to inquire
into
the alleged
commission
of a
serious
offence by
a member
of a
security
force;
-
- (b)
to submit
to the
State President
a report
on its
finding
after an
inquiry;
-
- (c)
to make
recommendations
to the
State
President,
as soon
as possible
thereafter,
in respect
of the
surmounting
of problems
experienced
in inquiring
into
serious
offences
alleged
to have
been
committed
by members
of a
security
force.
-
- Constitution
of Board
-
- 3.
(1) The
Board
shall have
three members,
appointed
by the
State
-
President
for
a period
of three
years
and of
whom-
-
(a)
one shall
be a judge
of the
Supreme
Court of
South
Africa or
such a
judge
that
has
been
discharged
from
active
service
or a
former
judge of
the
said Court,
who shall
be the
Chairman; -
- (b)
one
shall be
called
the Chief
Executive
Officer; and
-
- (c)
one shall
be an
Area
Director.
-
- (2)
For the
purpose of
the performance
by the
Board of
its functions
in respect
of an
offence alleged
to have
been
committed
in a
particular
-
area,
the
member
referred
to in
subsection
(1)(c) shall
be the
Area
-
Director
for that
area.
-
- (3)
(a)
The
member
of the
Board referred
to in
subsection (1)(b)
shall
be-
-
- (i)
an attorney-general;
or
-
- (ii)
a person
who is
duly qualified
as contemplated
in
section 3(1)
-
(b)
and (2)
of the
Admission
of Advocates
Act, 1964
(Act
No. 74
of 1964),
and, after
having
become
so qualified,
was
for a
-
period
of at
least
10 years
or for
periods which
together
amount
to at
least 10
years,
involved
in the
application of
the
law.
-
- (4)
No person
shall be
appointed
as a
member
of the
Board
unless
he is
a South
African
citizen permanently
resident
in the
Republic.
-
- (5)
A member
of the
Board shall
at the
expiry
of his
term
of office
be eligible
for reappointment
for such
period, not
exceeding
three
-
- years
at a
time,
as the
State
President
may
determine.
-
- (6)
The State
President
may
relieve
a member
of the
Board
from
his office
at his
request, or
of his
own accord
remove
him from
office-
-
- (a)
for misconduct;
-
- (b)
on
account of
continued
ill-health;
or
-
- (c)
on account
of incapacity
to carry
out his
duties
of office
efficiently.
-
- (7)
Any
vacancy
on the
Board
arising by
virtue of
the
provisions of
subsection
(6), or
caused
by the
death of
a member,
or for
any
other reason
whatsoever,
shall
subject
to the
provisions
of this
section,
-
be
filled by
the
State President
by the
appointment
of another
-
person
for the
unexpired
portion of
the
period
for which
the
member
concerned
was
appointed.
-
- (8)
Two
members
of the
Board
shall
form
a quorum.
Remuneration
of members
of Board
-
4.
(1) A
member
of the
Board
who
-
- (a)
is a
judge
or an
attorney-general
shall,
notwithstanding
anything
to the
contrary
contained in
any other
law,
in
addition
to his
salary and
any allowance,
including any
allowance
for
-
reimbursement
of travelling
and subsistence
expenses,
which may
-
be
payable
to him
in his
capacity
as judge
or
attorney-general,
be
entitled
to such
allowance,
if any,
in respect
of the
performance
of his
functions as
such a
member
as the
State
President
may
determine;
-
- (b)
is not
a judge
or an
attorney-general,
shall
be entitled
to such
remuneration,
allowances
(including any
allowance
for
reimbursement
of travelling
and subsistence
expenses
incurred
by him
in the
performance
of his
functions
as such
a member)?
benefits
and privileges
as the
State
President
may
determine
-
- (2)
Different
remunerations,
allowances,
benefits
or privileges
may
be determined
under subsection
(1) in
respect
of the
different
members
of the
Board.
-
- Staff
of Board
-
- 5.
(1) In
the
performance
of its
functions
under this
Act the
Board
-
shall
be assisted
by officers
in the
public
service
made
available
for such
-
- purpose
by the
Director-General:
Justice.
-
- (2)
Any
person
appointed
or designated
to take
down or
record
the proceedings
of the
Board
in shorthand
or by
mechanical
means
or to
transcribe such
proceedings
which have
been so
taken
down
or recorded
shall beforehand
take
an oath
or make
an
affirmation
in the
following
form:
-
- I,
A.B.,
declare
under
oath/affirm
and declare-
-
- (a)
that I
shall
faithfully
and to
the best
of my
ability
take
-
down/record
the
proceedings
of the
Board in
shorthand/by
mechanical
means
as ordered
by the
Chairman;
-
- (b)
that I
shall
transcribe
fully
and
to the
best
of my
ability
any shorthand
notes/mechanical
record
of the
proceedings
of the
said Board
made
by me
or by
any
other person.
-
- (3)
No
shorthand
notes
or mechanical
record
of the
proceedings
of the
-
Board
shall
be transcribed
except
by order
of the
Chairman.
-
- (4)
Every person
employed
in the
performance
of the
functions of
the Board
including
any
person
referred to
in subsection
(2),
shall aid
in preserving
secrecy
in regard
to any
matter
or information
that may
come
to his
knowledge
in the
performance
of his
duties in
connection
with
the
said functions,
except in
so far
as the
publication
of such
matter
or
-
information
shall be
necessary
for the
purpose
of the
report
of the
Board.
Expenditure
in connection
with
functions
of Board
-
6.
The expenditure
in connection
with
the
performance
of the
Board's
functions shall
be paid
out of
money
appropriated
by
Parliament
for such
purpose.
-
- Areas
-
- 7.
(1) The
Minister
may
by notice
in the
Gazette-
-
- (a)
determine
the
boundaries
of any
area
for the
purposes
of this
-
Act,
and assign
a name
to such
area;
-
- (b)
extend
or contract
the boundaries
of any
area so
determined;
(c) withdraw
a notice
in terms
of paragraph
(a).
-
Area
Director
-
- 8.
(1) The
State
President
shall
appoint
for each
area
an Area
-
Director,
who shall
perform
the functions
conferred
or imposed
upon him
in
-
- terms
of this
Act.
-
- (2)
The Area
Director
shall be
a person-
-
- (a)
duly qualified
as contemplated
in
section
3(1)(b)
and (2)
of the
-
Admission
of Advocates
Act, 1964
(Act No.
74 of
1964); or
-
- (b)
who
satisfies
the
requirements
contemplated
in section
-
15(1)(b)(iii)(aa)
or (bb)
of the
Attorneys
Act, 1979
(Act
No.
53 of
1979); or
-
- (c)
who
holds
the
necessary qualifications
to be
appointed
as a
magistrate
under
the
Magistrates'
Courts Act,
1944 (Act
No. 32
of
1944),
-
- and
who-
-
- (i)
for an
uninterrupted
period
of at
least seven
years practiced
as an
advocate
or attorney
or
occupied
the office
of a
magistrate
or a
prosecutor
or magistrate
and prosecutor;
or
-
- (ii)
for a
period of
at least
seven
years
was
involved
in the
tuition
of law
and also
practiced as
an advocate
or attorney
for such
period
as, in
the
opinion of
the
-
State
President,
makes
him suitable
to be
so appointed;
-
or
-
- (iii)
has such
other
experience
as, in
the
opinion
of the
State President,
renders
him suitable
to be
so appointed.
-
- Staff
of Area
Directors
-
- 9.
(1) An
Area
Director
shall in
the
performance
of his
functions be
assisted
by
investigating
officers
who
shall
be appointed
by the
Board and
who
shall be
persons-
-
- (a)
who have
served for
at least
seven years
as magistrates
or public
prosecutors
or as
magistrates
and public
prosecutors;
-
- (b)
who have
practiced
as
advocates
or attorneys
for at
least
seven
years;
or
-
- (c)
who have
for at
least
seven
years
in the
South
African Police
been involved
in the
investigation
of
offences;
or
-
- (d)
whose
services
in the
opinion
of the
Board
are
necessary-
-
- (i)
for the
purpose
of a
particular
inquiry
by the
Area
-
Director;
or
-
- (ii)
for inquiries
in general
by him.
-
- (2)
If any
person in
the
service
of the
State is
appointed in
terms
of subsection
(1)(a),
(b), (c)
or (d)(ii),
he shall
one
month
after he
has been
so appointed
cease
to be
so in
service.
-
- (3)
(a)
The Minister
shall
determine
the
conditions
of service
of a
person
appointed
in terms
of subsection
(1), who
shall be
entitled
to such
remuneration,
allowances
(including
any allowance
for reimbursement
of travelling
and subsistence
expenses
incurred by
him
in the
performance
of his
functions
in terms
of this
Act),
benefits
and privileges
as the
-
Minister
may,
with the
concurrence of
the Minister
of State
Expenditure, determine.
-
- (b)
Different
remunerations,
allowances,
benefits
or privileges
may
be determined
under paragraph
(a) in
respect
of different
persons.
-
- Reporting
of
certain allegations
to Board
or Area
Director
-
- 10.
(1) If
a person
has reasonable
grounds to
suspect
that
a serious
offence is
being
or has
been committed
by a
member
of a
security
force while
he is
or was
exercising
or performing
his duties
or functions
as such
-
a
member,
he may
report what
he
suspects
to the
Board
or the
Area
Director
-
concerned
by means
of an
affidavit
or
affirmed
declaration
in which
is also
mentioned-
-
- (a)
the grounds
on which
the
suspicion is
based; and
-
- (b)
all other
relevant
information
known to
him.
-
- (2)
If a
member
of the
South African
Police or
a military
policeman
has
heard
of an
allegation
that
a member
of a
security
force is
committing
or has
committed
an offence
as contemplated
in subsection
(1),
he shall
forthwith
report it
to the
station
commander
of the
police station
-
concerned,
who shall
forthwith
notify the
Area
Director
concerned
thereof.
-
- (3)
If an
Area Director
has heard,
as is
contemplated
in subsections
(1) and
(2), of
the alleged
commission
of an
offence, he
shall
forthwith
notify the
Chairman
thereof.
-
- Inquiries
by Area
Director
-
- 11.
(1) (a)
If an
Area Director
has by
virtue
of the
provisions
of
-
section
10(1)
or (2)
heard
of the
alleged commission
of a
serious
offence
-
- or
if the
alleged commission
of such
an offence
has
been
reported
to the
-
Board
in terms
of the
said section
10(1),
or if
the
Minister
has directed
-
that
the
alleged
commission
of such
an offence
be
inquired
into,
such Area
Director
or the
other
Area
Director
concerned
shall, unless
he is
of the
opinion that
the allegations
contemplated
in the
said
section
10(1) or
(2) are of
a vexatious
or
frivolous
nature,
forthwith
hold
an inquiry
into the
-
matter
concerned
and notify
the members
of the
South
African
Police or
the
-
Military
Police
concerned
thereof.
-
- (b)
If an
Area Director
conducts an
inquiry
and has
given
notice in
terms
of paragraph
(a), the
South
African Police
and the
Military Police
shall
not inquire
into
the
alleged
offence
or, if
they
have
already
commenced
such an
inquiry,
shall
cease
such
inquiry
and forthwith
deliver
all documents
and exhibits
in
connection
with the
alleged
offence
at their
disposal
to the
Area Director
concerned.
-
- (2)
If an
Area Director,
at any
time
during the
holding
of an
inquiry
in terms
of subsection
(1),
believes
that it
is in
the
interest
of the
administration
of justice
or in
the public
interest
to inquire
also
into any
other alleged
offence
which he
suspects
to be
connected
with the
-
subject-matter
of his
inquiry,
he may
conduct
an inquiry
into
such other
offence as
well.
-
- (3)
(a)
An Area
Director
may
for the
purposes
of an
inquiry in
terms
of subsection
(1) or
(2)
at any
time
prior
to or
during
the
holding
of the
inquiry designate
any person
referred
to in
section 9
to
assist
him
with
-
the
inquiry and
to
report
to him.
-
- (b)
An Area
Director
and a
person
assisting
him in
terms
of
paragraph
(a) shall
for the
purpose of
the inquiry
concerned
be deemed
to be
a police
official
as defined
in section
1 of
the
Criminal
Procedure
Act,
1977 (Act
No. 51
of 1977),
and have
the
same
powers as
those
which such
an official
has in
terms
of the
said Act
and section
5(c) of
the Police
Act,
1958
(Act No.
7 of
1958).
-
- (4)
An Area
Director
may
request
the South
African Police
to make
available
for the
purposes
of an
inquiry
in terms
of this
section
their scientific
resources and
experts,
and the
South African
Police
shall,
in so
far as
it is
possible
for them,
accede
to such
request.
-
(5)
When an
Area
Director
has completed
an inquiry
in terms
of this
section
he shall
furnish
a report
on his
inquiry
to the
other
members
of the
Board.
-
- Functions
of Board
-
- 12.
(1) (a)
When
the Chairman
and the
Chief
Executive
Officer
receive
a report
in terms
of section
11(5) they
may
request the
Area
Director
to
-
- conduct
such
further inquiry
in terms
of section
11 as
they
may
determine
and to
submit
again
to them
a report
in terms
of section
11(5).
-
- (b)
If the
two members
of the
Board
do not
take
steps in
terms
of paragraph
(a),
the Board
may
refer the
matter
to the
South African
Police
for disposal.
-
- (c)
If the
two members
of the
Board
do not
take
steps in
terms
of paragraph
(a)
and the
Board
does
not
take
steps in
terms
of paragraph
(b) and
is not
of
opinion that
the
allegations concerned
are of
a vexatious
or trivial
nature,
the
Board
shall
conduct
such further
inquiry
as it
may
deem fit.
-
- (2)
For the
purposes
of the
performance
of its
functions
the
Board
-
shall
be deemed
to be
a commission
contemplated
in the
Commissions
Act,
-
1947
(Act No.
8 of
1947).
-
- (3)
The proceedings
of the
Board
shall
be recorded
in such
manner
as the
Chairman
may
determine.
-
- (4)
(a)
When the
Board
is satisfied
upon evidence
or information
presented
to it
that an
inquiry
may
adversely
affect
existing,
instituted
or pending
judicial proceedings
or inquiries
which may
lead to
the
institution
of
judicial proceedings,
evidence
which is
relevant
to such
-
proceedings
or inquiries
shall be
dealt
with
by the
Board
in such
a manner
that such
proceedings
or inquiries
are not
adversely
affected.
-
- (b)
The provisions
of paragraph
(a)
shall not
preclude
the
Board from
taking
cognizance
of
evidence
given
during such
proceedings
or inquiries
which
is relevant
to its
functions, and
the Board
may
take cognizance
of the
findings
made
during
such proceedings
and inquiries.
-
- (5)
The Board
shall
not inquire
into-
-
- (a)
any occurrence
which
took place
and
ended
before
the
commencement
of this
Act; or
-
- (b)
occurrences
in respect
of which
a prosecution
or an
inquest
or an
inquiry
by a
commission
of inquiry
established
by the
State
President
or in
terms
of an
Act,
was
instituted
or completed
before
the commencement
of this
Act.
-
- (6)
The Board
shall
at least
every
six months
submit
to the
State
President
a report
on its
work during
the
preceding
six months
and may
at any
time
before
the completion
of any
inquiry by
it submit
to the
State
President
an interim
report
in
respect
of any
matter
which
in its
opinion
should urgently
be brought
to the
attention
of the
State
President.
-
- (7)
The Board
shall
after
completion
of an
inquiry-
-
- (a)
submit
to the
State
President a
report as
contemplated
in
-
section
2(2) (b)
and a
recommendation
as contemplated
in section
-
2(2)(c)
(if
any);
and
-
(b)
submit
to the
attorney-general
concerned
a report
together
with all relevant
statements,
recorded
evidence
and documents
for his
decision. -
- Publication
of reports
by State
President
-
- 13.
The State
President shall
within
14 days
after a
report
has
been submitted
to him
in accordance
with
the provisions
of this
Act,
make
known for
public
information
such
report, and
may
also
table
it in
Parliament,
except
in so
far as
the
publication
thereof
is prohibited
by any
law.
-
- Limitation
of liability
-
- 14.
A member
of the
Board or
a member
of its
staff
or a
person
referred
to in
section
9(1)
shall not
be liable
in respect
of
anything
done in
good faith
under
a provision
of this
Act.
-
- Regulations
-
- 15.
The Minister
may
make
regulations
regarding
any matter
in respect
of which
he
considers
it
necessary or
expedient
to make
regulations
to achieve
the
objects
of this
Act.
-
- Application
of Act
in self-governing
territories
-
- 16.
(1) If
the Board
has
reason to
suspect
that
a serious
offence
has been
or is
being
committed
by a
member
of a
security
force in
a
-
self-governing
territory
as
defined
in section
38(1)
of the
Self-governing
-
Territories
Constitution
Act, 1971
(Act
No. 21
of 1971),
it may
notify the
Minister
accordingly,
and thereupon
the State
President
may,
at the
request
of the
Minister
and after
consultation
by the
Minister
with
the
government
of the
self-governing territory
concerned, by
proclamation
in the
Gazette
declare this
Act to
be
applicable
in that
self-governing
territory
and that
-
the
Minister
and
the
Board
and its
staff
shall
be
competent
to perform
-
their
respective
functions
under this
Act also
in that
self-governing
territory.
-
- (2)
After such
a proclamation
has
been issued,
this
Act shall,
notwithstanding
the
Self-governing
Territories
Constitution Act,
1971,
apply mutatis
mutandis
in the
self-governing
territory
concerned
until the
inquiry into
the
offence
suspected
to have
been committed
and
all criminal
or civil
proceedings
arising
from
such
inquiry
have
been
disposed
of.
-
- Short
title
and commencement
-
- 17.
This Act
shall
be
called the
Security
Forces
Board of
Inquiry Act,
-
1993,
and
shall come
into
operation
on a
date
fixed
by the
State
President
by proclamation
in the
Gazett
|
