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Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Chapter 11 - Security Services

Police

206. Political responsibility

 

 

1) A member of the Cabinet must be responsible for policing and must determine national policing policy after consulting the provincial governments and taking into account the policing needs and priorities of the provinces as determined by the provincial executives.

 

2) The national policing policy may make provision for different policies in respect of different provinces after taking into account the policing needs and priorities of these provinces.

 

3) Each province is entitled
a) to monitor police conduct;
b) to oversee the effectiveness and efficiency of the police service, including receiving reports on the police service;
c) to promote good relations between the police and the community;
d) to assess the effectiveness of visible policing; and
e) to liaise with the Cabinet member responsible for policing with respect to crime and policing in the province.

 

4) A provincial executive is responsible for policing functions
a) vested in it by this Chapter;
b) assigned to it in terms of national legislation; and
c) allocated to it in the national policing policy.

 

5) In order to perform the functions set out in subsection (3), a province
a) 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
b) must make recommendations to the Cabinet member responsible for policing.

 

6) 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.

 

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

 

8) 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.

 

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