Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/92



Chapter 11—Security Services

to liaise with the Cabinet member responsible for policing with respect to crime and policing in the province.

A provincial executive is responsible for policing functions —

vested in it by this Chapter; assigned to it in terms of national legislation; and allocated to it in the national policing policy.

In order to perform the functions set out in subsection (3), a province —

may investigate, or appoint a commission of inquiry into, any complaints of police inefficiency or a breakdown in relations between the police and any community; and must make recommendations to the Cabinet member responsible for policing.

On receipt of a complaint lodged by a provincial executive, an independent police complaints body established by national legislation must investigate any alleged misconduct of, or offence committed by, a member of the police service in the province.

National legislation must provide a framework for the establishment, powers, functions and control of municipal police services.

A committee composed of the Cabinet member and the members of the Executive Councils responsible for policing must be established to ensure effective co-ordination of the police service and effective co-operation among the spheres of government.

A provincial legislature may require the provincial commissioner of the province to appear before it or any of its committees to answer questions.

Control of police service

The President as head of the national executive must appoint a woman or a man as the National Commissioner of the police service, to control and manage the police service.

The National Commissioner must exercise control over and manage the police service in accordance with the national policing policy and the directions of the Cabinet member responsible for policing.

The National Commissioner, with the concurrence of the provincial executive, must appoint a woman or a man as the provincial commissioner for that province, but if the National Commissioner and the provincial executive are unable to agree on the appointment, the Cabinet member responsible for policing must mediate between the parties.

The provincial commissioners are responsible for policing in their respective provinces —