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

Chapter 11 - Security Services

Police

207. Control of police service

 

 

1) 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.

 

2) 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.

 

3) 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.

 

4) The provincial commissioners are responsible for policing in their respective provinces
a) as prescribed by national legislation; and
b) subject to the power of the National Commissioner to exercise control over and manage the police service in terms of subsection (2).

 

5) The provincial commissioner must report to the provincial legislature annually on policing in the province, and must send a copy of the report to the National Commissioner.

 

6) If the provincial commissioner has lost the confidence of the provincial executive, that executive may institute appropriate proceedings for the removal or transfer of, or disciplinary action against, that commissioner, in accordance with national legislation.