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South African Police Service Act, 1995 (Act No. 68 of 1995)

Regulations

South African Police Service Employment Regulations, 2018

Annexures

Annexure 2 : Permanent Employment Contract for Members of the Senior Management Service

 

ANNEXURE 2

 

PERMANENT EMPLOYMENT CONTRACT FOR MEMBERS OF THE SENIOR MANAGEMENT SERVICE

 

PERMANENT EMPLOYMENT CONTRACT FOR THE SENIOR MANAGEMENT SERVICE OF THE  SOUTH AFRICAN POLICE SERVICE

 

ENTERED INTO

by and between the

 

GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA

herein represented by

 

                                                                                                                    (full name)

in his or her capacity as

(hereinafter referred to as the Employer)

 

AND

                                                                                                                    (full name)

(hereinafter referred to as the Employee)

 

WHEREAS the parties have agreed to enter into a Contract which will govern the terms and conditions of employment of the Employee by the Employer,

 

NOW THEREFORE the parties agree as follows:

 

1. Appointment

 

1.1 The Employer hereby appoints the Employee on a permanent basis in accordance with regulation 70 of the South African Police Service Employment Regulations, 2018 (hereinafter referred to as the Regulations) as ______ . The Employee agrees and accepts the appointment as a member of the SMS commencing on the ______ day of                                         .The Employee's employment and conditions of service shall be governed by the South African Police Service Act, 1995 (Act No 68 of 1995) hereinafter referred to as the Act), the Regulations, any relevant collective agreements or other legal provisions applicable to the Employee.

 

1.2 In terms of this Contract—

 

1.2.1 the Employee shall serve the Employer as____ in the South African Police Service (hereinafter referred to the Service) at_____ or at such other place as may from time to time be determined by the Employer or any/or other person duly authorised thereto in this respect;

 

1.2.2 the Employee will hold the rank of ______  and will be responsible for the duties and functions set out in the Performance Agreement referred to in clause 5;

 

1.2.3 the employment of the Employee is subject to—
(a) the submission by the Employee of certificates of his or her academic and professional qualifications and service certificates; and
(b) a security clearance of (state confidential, secret or top secret) being obtained.

 

1.2.4 the Employee may be required to perform other duties or to work at other places that may reasonably be required by the Employer; and

 

1.2.5 any matter arising, which are not specifically provided for herein, shall be dealt with in accordance with the provisions of the Act, the Regulations, relevant collective agreements and any other legal provisions applicable to the Employee.

 

2. Remuneration

 

2.1 The remuneration that the Employee shall receive as from the date of assuming duty as stated in clause 1, shall be as agreed from time to time in writing between the parties.

 

2.2 The salary and benefits will be payable in 12 equal monthly instalments.

 

2.3 The general conditions of service and benefits of the Employee shall be as stipulated and provided for by the Act and the Regulations. The parties to this Contract accept that the general conditions of service and benefits may be changed from time to time by means of relevant collective agreements determinations and directives by the Minister of Police.

 

2.4 When required from the Employee to perform official duties away from his or her headquarters, the Employee shall travel at the Employer's expense and shall be paid a subsistence and travelling allowance as may from time to time be determined.

 

3. Termination of Employment

 

3.1 This Contract may be terminated under the following circumstances;

 

3.1.1 on reaching the prescribed retirement age (section 45(1)(a) of the Act);
3.1.2 premature retirement upon own request by the Employee (section 45(2) of the Act);
3.1.3 discharge in terms of section 35 of the Act;
3.1.4 voluntary resignation; or
3.1.5 death.

 

3.2 Pension and other payable benefits are directly linked to the specific section of the Act which is utilised, as regulated by the Government Employees Pension Fund Law, 1996, the regulations promulgated thereunder, as applicable to members of the SMS, and these Regulations.

 

3.3 Should notice of termination be given in cases contemplated in clause 3.1.3, the Employer has the right to require the Employee to vacate the office occupied by him or her and to leave the premises of the Service before the expiry of the notice period on a day stipulated by the Employer and not to present himself or herself for duty any time  thereafter.

 

3.4 Should the Employer invoke the provisions of clause 3.3, the Employee will still be entitled to all such benefits as contained in the relevant prescripts.

 

3.5 In the case of inefficiency and misconduct, the Employer may deal with the Employee in accordance with the relevant legislation.

 

4.        Conduct

 

4.1        The Employee undertakes—

 

4.1.1 not to, without the applicable consent and during his or her employment or at any time thereafter, disclose any record, as defined in section 1 of the Promotion of Access to Information Act, 2000 (Act No 2 of 2000), that must or may be refused upon a request for access to a record of a public body in terms of that Act;

 

4.1 2 not to, during his or her employment or at any time thereafter, use any record so defined and obtained as a result of his or her employment, to the detriment of the State, except if it is used in the exercise or protection of any right, or legitimate expectation, conferred by law;

 

4.1.3 if so requested by the Employer during his or her employment or on the termination of his or her employment, to submit to the Employer any record so defined and in the Employee's possession as a result of his or her employment and not to retain any copies of or extracts from such record, except with consent of the Employer; and

 

4.1.4        to comply with the prescribed Code of Conduct.

 

4.2        The Employee—

 

4.2.1 acknowledges that he or she fully understands the implications of this clause;

 

4.2.2 agrees that this clause is, after taking all relevant circumstances into account, reasonable and necessary for the proper protection of the interests of the Employer and that if he or she should at any time dispute the reasonableness of this clause, the onus of proving such unreasonableness will be upon him or her; and

 

4.2.3 acknowledges that he or she enters into this Contract freely and voluntarily and that no circumstances exist for him or her to allege, either now or at any future time, that he or she was at a disadvantage in agreeing to the restraints set out in this clause or was other than in an equal bargaining position with the Employer in agreeing to such restraints.

 

5.        Additional terms and conditions

 

5.1 The Employee shall enter into an annual performance agreement with the Employer, linked to a specific financial year, which shall include at least the following:

 

5.1.1 Salary increases will be based on the performance of the Employee. Performance will be assessed in accordance with his or her responsibilities and key performance areas contained in his or her performance agreement and the extent to which the Employee complied therewith, as well as any directives which the Minister of Police may issue. Salary increases for the Employee will be based on individual consultation. The Employee and the Employer must consult annually regarding his or her salary increase and cash bonus within the restrictions of the budget based on the performance of the Employee. The salary increase and cash bonus of the Employee, shall be based on determinations, directives and guidelines issued by the Minister of Police.

 

5.1.2 An annual performance agreement provided for in terms of clause 5.1, linked to a specific financial year, stating clear performance areas/criteria/deliverables of the Service and the Employee must be entered into. As performance agreements are linked to financial years, it should be entered into at the latest on 30 April every year. The Employee should enter into his or her first performance agreement not later than two months after assumption of duty.

 

5.1.3 The performance agreement shall be revised if, at any time during the period of its duration, the work or environment of the Service (unit, directorate, branch, component, etc.) is so altered (whether as a result of Government or management decision or otherwise) that the contents of it are no longer appropriate.

 

5.1.4 This Contract is directly linked to the performance agreement referred to in clause 5.1. In the event that the Employee does not perform satisfactorily in relation to the requirements of his or her performance agreement, the Employee acknowledges that the Employer may deal with him or her, in accordance with the procedure contained in the relevant legislation and any other directives issued by the Minister.

 

6. General

 

6.1 Good faith

 

In the implementation of this Contract, the parties undertake to observe the utmost good faith and they warrant in their dealing with each other that they will neither do anything nor refrain from doing anything that might prejudice or detract from the rights, assets or interests of each other.

 

6.2        Applicability of the Act

 

Any matters arising from this Contract, which are not specifically provided for herein, shall be dealt with in accordance with the provisions of the Act, the Regulations, relevant collective agreements and other relevant legislation.

 

6.3        Interpretation of this Contract

 

The interpretation of this Contract shall be governed by the laws and legal principles applicable in the Republic of South Africa.

 

6.4 Jurisdiction of courts

 

The Employee submits to the jurisdiction of the Courts of the Republic of South Africa in the event of any legal proceedings arising from the provisions of this Contract.

 

6.5 Variation

 

6.5.1 The Contract constitutes the whole of the agreement between the parties to this Contract relating to the subject matter of this Contract, and save as otherwise provided, no amendment, alteration, addition or variation of any right, term or condition of this Contract will be of any force or effect unless reduced to writing and signed by the parties to this Contract.

 

6.5.2 The parties agree that there are no other conditions, warranties or representations, whether oral or written and whether expressed or implied or otherwise, save those contained in this Contract, the Act, these Regulations, relevant collective agreements and other relevant legislation (e.g. Government Employees Pension Fund Law, 1996).

 

6.6 Waiver

 

No waiver of any of the terms and conditions of this Contract will be binding for any purpose unless reduced to writing and signed by the party giving the same, and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either party in exercising any right, power or privilege precludes any other or further exercise thereof or the exercise of any other right, power or privilege.

 

7. Notice and domicilium

 

7.1 The parties choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary in terms of this Contract, the following addresses:

 

Employer

Employee

Physical address

                                                     

                                                     

Postal address

                                                     

                                                     

Fax number

                                                     

                                                     

 

Provided that a party reports any change of his or her domicilium to any other physical address, postal address or fax number by written notice to the other party. Such change of address will be effective seven days after receipt of notice of the change of domicilium.

 

7.2 All notices to be given in terms of this Contract will—

 

7.2.1 be given in writing; or

 

7.2.2 be delivered or sent by prepaid registered post or by fax; and

 

7.2.3 if delivered, be presumed to have been received on the date of delivery; or

 

7.2.4 if sent by prepaid registered post, be presumed to have been received within three working days of posting unless the contrary is proved; or

 

7.2.5 if sent by fax, be presumed to have been received on the first working day following the date of sending of the fax unless the contrary is proved.