Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/71

140   No. 15466

South African Police Service, which shall be structured at both national and provincial levels and shall function under the direction of the national government as well as the various provincial governments.

(2) The Act of Parliament referred to in subsection (1) shall—

subject to sections 216 ,  217  and  219  , provide for the appointment of a Commissioner of the South African Police Service (hereinafter in this Chapter called the “National Commissioner”) and a Commissioner for each province (hereinafter in this Chapter called a “Provincial Commissioner”); provide for the establishment and maintenance of uniform standards of policing at all levels regarding—

the exercise of police powers; the recruitment, appointment, promotion and transfer of members of the Service; suspension, dismissal, disciplinary and grievance procedures; the training, conduct and conditions of service of members of the Service; the general management, control, maintenance and provisioning of the Service; returns, registers, records, documents, forms and correspondence; and generally, all matters which are necessary or expedient for the achievement of the purposes of this Constitution.

Powers and functions

215. The powers and functions of the Service shall be—

the prevention of crime; the investigation of any offence or alleged offence; the maintenance of law and order; and the preservation of the internal security of the Republic.

Minister and National Commissioner

216. (1) The President shall, subject to this Constitution, charge a Minister with responsibility for the Service.

(2) (a) The President shall, subject to section 236  (1) and (2), appoint the National Commissioner.

(b) The National Commissioner shall exercise executive command of the Service, subject to section 219  (1) and the directions of the Minister referred to in subsection (1).

(3) The President, may, if the National Commissioner has lost the confidence of the Cabinet, institute appropriate proceedings against the Commissioner in accordance with a law.

Powers of provinces

217. (1) The Premier of a province shall charge a member of the Executive Council of the province with responsibility for the performance by the Service in or in regard to that province of the functions set out in section 219  (1).

(2) The member of the Executive Council referred to in subsection (1)—

shall approve or veto the appointment of the relevant Provincial Commissioner in terms of section 218  (1)(b); and many, if the Provincial Commissioner has lost the confidence of the Executive Council, institute appropriate proceedings against the said Commissioner in accordance with a law.

(3) A provincial legislature may pass laws not inconsistent with national legislation regarding the functions of the Service set out in section 219(1).

(4) No provincial law may—

permit lower standards of performance of the functions of the Service than those provided for by an Act of Parliament; or