| (1) |
The Executive Director may conduct, or authorise any member of the Directorate or any other person to conduct, a procedure to test the integrity of any particular member of the Directorate. |
| (2) |
The procedure referred to in sub-regulation (1) may involve— |
| (a) |
the employment of an act or omission, by the person who conducts the procedure, which offers the member of the Directorate whose integrity is being tested the opportunity to engage in behaviour in contravention of any law, any code of conduct which is binding on such member or any disciplinary regulations; |
| (b) |
the testing of a member of the Directorate for the abuse of alcohol or drugs; or |
| (c) |
the use of a polygraph or any similar instrument. |
| (3) |
A procedure involving a measure contemplated in paragraph (a) of subregulation (2) may only be performed— |
| (a) |
after approval by the Director of Public Prosecutions having jurisdiction in the area in which the integrity testing will take place, or by his or her delegate; and |
| (b) |
in consonance with such instructions or guidelines as may be laid down by the National Director of Public Prosecutions or by the Director of Public Prosecutions having jurisdiction in the area in which the integrity testing will take place, or by his or her delegate, in accordance with section 252A(2)(a) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977). |
| (4) |
A procedure involving measures contemplated in paragraphs (b) and (c) of sub-regulation (2) may only be performed with the written approval of the Executive Director, in which case the member of the Directorate whose integrity is being tested must submit to such measures. |
| (5) |
A member of the Directorate may not, at any time when reporting for duty, while on duty or while on call for duty, have any evidence of— |
| (b) |
a drug as defined in section 1 of the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992) which may not lawfully be taken or has been taken in a manner which is contrary to the prescription of a registered medical practitioner or the recommendation of the manufacturer of the substance, |
in his or her breath, blood or urine, as the case may be.
| (6) |
Despite paragraph (b) of sub-regulation (5), a member of the Directorate who lawfully takes or has taken a drug prescribed by a registered medical practitioner may not perform duties involving operational capacity if the substance may impair such member's capacity to perform the duties without danger to himself or herself or any other person. |
| (7) |
In the event of an alcohol test— |
| (a) |
the member of the Directorate whose integrity is being tested must provide a specimen of breath or blood, if requested to do so, and if such member fails or refuses to provide such specimen, he or she may be charged with disobeying a lawful order, command or instruction under regulation 13; and |
| (b) |
the test, in the case of a specimen of breath, must be performed by using equipment prescribed in regulation 332 of the regulations made under the National Road Traffic Act, 1996 (Act No. 93 of 1996). |
| (8) |
In the event of a drugs test— |
| (a) |
the member of the Directorate whose integrity is being tested must provide a specimen of blood or urine to a registered medical practitioner or registered nurse at a place and time specified by the Executive Director, if requested to do so, and if such member fails, unless failure is attributable to a medical condition, or refuses to provide such specimen, he or she may be charged with disobeying a lawful order, command or instruction under regulation 13; and |
| (b) |
the registered medical practitioner or registered nurse may give such directions as may be reasonably necessary to the member of the Directorate whose integrity is being tested regarding the manner in which the specimen is to be provided. |
| (9) |
If a member of the Directorate refuses to submit to a polygraph examination or other similar test, when requested to do so, or if the polygraph or similar test indicates possible deception, the Executive Director may instruct such member to subject himself or herself to a security screening in accordance with section 2A of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994), failing which he or she may be charged with disobeying a lawful order, command or instruction under regulation 13. |
| (10) |
The Executive Director, in the event of a result that impacts adversely on the integrity of a member of the Directorate after employment of a measure contemplated in paragraph (a) of sub-regulation (2), may— |
| (a) |
require such member to undergo such counselling, rehabilitation or retraining as directed by the Executive Director or relevant provincial head; |
| (b) |
require such member to subject himself or herself to a security screening in accordance with section 2A of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994); or |
| (c) |
if appropriate in the circumstances, take disciplinary or other action against such member under regulation 13. |
| (11) |
The Executive Director, in the event of a finding that a member of the Directorate has evidence of alcohol or drugs in his or her breath, blood or urine respectively, may— |
| (a) |
suspend such member from duty until he or she is free from such evidence; |
| (b) |
require such member to undergo such counselling or rehabilitation as directed by the Executive Director; |
| (c) |
refer such member to an identified registered medical practitioner for a medical examination and report of the member's fitness to proceed with his or her duties; |
| (d) |
after considering a report referred to in paragraph (c), instruct such member to perform other duties for such time as the Executive Director considers necessary; or |
| (e) |
if appropriate in the circumstances, take disciplinary or other action against such member under regulation 13. |
| (12) |
The measures contemplated in this regulation must be applied with due regard to decency and the right of a member of the Directorate to dignity and privacy. |
| (13) |
No person may disclose any information which he or she has obtained in the application of the measures contemplated in sub-regulation (2), unless such information is— |
| (a) |
required by a person who of necessity needs the information for the performance of his or her functions in terms of these regulations; |
| (b) |
supplied in the performance of functions in terms of these regulations; or |
| (c) |
required in terms of any law or as evidence in any court of law or formal disciplinary process. |
| (14) |
Any contravention of sub-regulation (13) is to be regarded as serious misconduct for purposes of regulation 13. |
Implementation of Geneva Conventions Act, 2012
