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Domestic Violence Act, 1998 (Act No. 116 of 1998)

Domestic Violence National Instruction 7/1999

13. Complaints regarding non-compliance by members and notification of such non-compliance to the Independent Complaints Directorate

 

1) In terms of the Domestic Violence Act, a failure by a member to comply with an obligation imposed in terms of the Act or this National Instruction constitutes misconduct. Disciplinary proceedings must therefore be instituted, in accordance with regulation 8 of the Discipline Regulations, against a member who fails to comply with an obligation imposed in terms of the Domestic Violence Act or this National Instruction.

 

2) It is the responsibility of the commander of a member to institute disciplinary proceedings against such member who failed to comply with an obligation imposed in terms of the Act or this National Instruction. Where the commander is of the opinion that disciplinary proceedings should not be instituted against such member, the commander must apply to the Independent Complaints Directorate for exemption. Such an application must contain a full report, which includes the reasons for the application for exemption, and must be forwarded to the offices of the Area Commissioner within 30 days after the receipt of the complaint.

 

3) The Area Commissioner must, if he or she agrees that no disciplinary action should be taken, submit the application referred to in subparagraph (2) above, within 14 days after the receipt of the application, to the Provincial Commissioner, who must, if he or she agrees that no disciplinary action should be taken, immediately submit such application to the provincial office of the Independent Complaints Directorate.

 

4) The provincial office of the Independent Complaints Directorate has agreed to inform the Provincial Commissioner in writing, within 30 days after the receipt of the application for exemption, whether exemption has been granted or not and, in the event that the exemption has not been granted, of the reasons why such exemption was not granted.

 

5) Progress reports pertaining to disciplinary proceedings instituted against members in terms of section 18(4) of the Act, must on a monthly basis be forwarded by a commander to the Area Commissioner.