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Intelligence Services Act, 2002 (Act No. 65 of 2002)

Intelligence Services Regulations, 2003

Chapter V : Recruitment, Selection, Appointment and Termination of Service

14. Probation

 

 

1) All new appointments within the Intelligence Services or the Academy, as the case may be, including transfers from other Public Service Departments or Public entities, are subject to a twelve-month (12) probation period, except that the —
a) Minister, Director-General or CEO, as the case may be, may exempt a person who is transferred to the Intelligence Services or the Academy, as the case may be, from any organ of state if the person concerned, immediately prior to the transfer, served in a permanent capacity in that organ of state; and
b) the probation period of newly appointed learner-technicians must be equal to the minimum period needed to obtain the minimum educational qualifications or to complete the technical training required by the intelligence Services or the Academy, as the case may be.

 

2) A Director-General or CEO, as the case may be, may extend a probation period for a maximum of six (6) months, if he or she has reason to believe that it will be in the interest of the concerned Intelligence Service or Academy, as the case may be, to do so, according to Chapters XVIll and IX.

 

3) A member's permanent appointment may be confirmed by the Director-General or CEO, as the case may be, if the general manager of a member on probation certifies that the member has, during the period of probation or extended period of probation, complied with the conditions and requirements of the concerned Intelligence Service or the Academy, as the case may be.

 

4) A general manager of a member on probation must ensure that—
a) the member, at the commencement of the probationary period, knows the performance and other requirements for obtaining confirmation of appointment;
b) the member, on a quarterly basis, receives written feedback on his or her performance and compliance with other requirements:
c) if necessary, the member receives training, counselling or other assistance to meet the requirements for confirmation;
d) the member receives written confirmation of appointment at the end of the probationary period, if he or she has been found suitable for the relevant post; and
e) the member, subject to a procedure contemplated in Chapters XVIII to XX, when dismissal is considered as a result of misconduct, poor performance or medical unfitness, is afforded the opportunity to state his or her case during which process the member may be assisted by a representative: Provided that such a representative must be a member of the Intelligence Services or the Academy, as the case may be, and has the right to accept or refuse to do so.