Constitution of the Republic of South Africa, 1993/1994-11-23/Chapter 14

Responsibilities of National Commissioner

218. (1) Subject to section 214 and the directions of the Minister referred to in section 216(1), the National Commissioner shall be responsible for—

the maintenance of an impartial, accountable, transparent and efficient police service; the appointment of provincial commissioners, subject to section 217(2)(a); the preservation of the internal security in the Republic; the investigation and prevention of organised crime or crime which requires national investigation and prevention or specialised skills: Provided that the Act referred to in section 214(1) shall set out the circumstances which shall be regarded as organised crime and the circumstances which require national investigation and prevention or specialised skills; international police liaison; the keeping and provision of crime intelligence data, criminal records and statistics; the training of members of the Service, including any municipal or metropolitan police services to be established; the recruitment, appointment, promotion and transfer of all members of the Service; the provision of forensic laboratory services; such functions relating to border control and the import and export of goods as may be assigned to the Service by law; the establishment and maintenance of a national public order policing unit to be deployed in support of and at the request of the Provincial Commissioner: Provided that the Act referred to in section 214(1) shall provide that the President, in consultation with the Cabinet, may direct the National Commissioner to deploy the said unit in circumstances where the Provincial Commissioner is unable to maintain public order and the deployment of the said unit is necessary to restore public order; national protection services; the establishment of a special task force for high risk operations which require specialised skills; and subject to section 219, such other functions as—

are necessary to achieve the objectives referred to in section 215; and

are appropriate for the National Commissioner to take responsibility for.

(2) The National Commissioner may after consultation with the Executive Council of the province concerned assign responsibility for any function set out in this section to a Provincial Commissioner: Provided that the National Commissioner shall ensure that sufficient resources are made available to the Provincial Commissioner for such purpose.

Provincial Commissioners

219. (1) Subject to sections 214 and 218 and the directions of the relevant member of the Executive Council referred to in section 217(1), a Provincial Commissioner shall be responsible for—

the investigation and prevention of crime; the development of community-policing services; the maintenance of public order; the provision in general of all other visible policing services, including—

the establishment and maintenance of police stations; crime reaction units; and patrolling services;

protection services in regard to provincial institutions and personnel; transfers within the province of members of the Service performing functions in terms of this section; and the promotion, up to the rank of lieutenant-colonel, of members of the Service performing functions in terms of this section.

(2) Subject to sections 214 and 218 and the directions of the National Commissioner, a Provincial Commissioner shall be responsible for—

the maintenance and discipline of the Service in the province concerned; the recruitment of members of the Service responsible for the functions set out in subsection (1);

such other functions as may be assigned to him or her by the National Commissioner under section 218(2); and subject to such procedures or mechanisms as may be established by the Board of Commissioners referred to in section 220(2), the transfer of members of the Service under his or her command to or from positions outside his or her jurisdiction.