The Code prescribes the minimum standard for complaint investigation i.e. to ensure consistency and uniformity and to deal effectively with the issues that may impact negatively on the efficacy, efficiency and image of the traffic law enforcement authority. Discipline within a traffic law enforcement authority is critical to the performance of the fraternity. Traffic law enforcement authorities must always adhere to the highest degree of professionalism and ensure that officers comply with the highest levels of ethical conduct to ensure that they inculcate respect amongst their clientele.
| 4.1 |
General complaint process |
| (a) |
Each traffic law enforcement authority shall ensure that it has the requisite capability and capacity to investigate both internal and external complaints. |
| (b) |
Traffic law enforcement authorities that do not have the capacity or capability to investigate very serious complaints, may contract with the Corporation to render such a service on their behalf. |
| (c) |
Internal i.e. members of staff and external i.e. members of the public, may submit complaints against the personnel of a traffic law enforcement authority, to the Corporation. |
| (d) |
The Chief of Traffic may also instruct the Corporation’s Internal Affairs Unit to conduct cases of a very serious nature in any traffic law enforcement authority. |
| (e) |
In the event that the Chief of Traffic orders an investigation contemplated in (b) above, he/she shall inform the head of traffic of the relevant law enforcement authority of the pending investigation. |
| (f) |
If a very serious complaint has been submitted against the head of traffic or other senior officer of a traffic law enforcement authority, the Chief of Traffic of the Corporation shall inform the Head of the Municipality. |
| (g) |
Complaints shall be submitted in the prescribed format. |
| (h) |
Written complaints must be directed to a supervisor or a special investigator appointed for this purpose. |
| (i) |
The supervisor or special investigator must conduct a preliminary investigation. |
| (j) |
Upon completion of the preliminary investigation, the supervisor or special investigator must forward the complaint and any information obtained to the accused employee’s head of division through the chain of command. |
| (k) |
The head of division must review the information and determine whether further investigation is necessary. |
| (l) |
The head of division must forward all information to the traffic law enforcement authority’s internal affairs unit for record purposes, i.e. if no further investigation is deemed necessary. |
| (m) |
The head of division must forward the information to the accused employee’s immediate supervisor or internal affairs unit, depending on the seriousness of the allegations, if further investigation is necessary. |
| (n) |
Records of sexual harassment complaints must be maintained, kept in strict confidence; and secured and kept separate from general administrative files. |
4.2 Complaint investigation procedure
| (a) |
Very serious policy violations must be accepted and recorded as prescribed. |
| (b) |
Less serious complaints must be accepted and recorded as prescribed. |
| (c) |
Policy violations related to the employee’s performance and conduct must be accepted and recorded as prescribed. |
| (d) |
Complaints may be investigated by an employee’s immediate supervisor or an investigator appointed specifically for this purpose. |
| (e) |
Repeated complaints must be investigated and treated as serious policy violations. |
| (f) |
An investigation file must be opened and all information pertaining to the investigation must be filed therein and kept by the human resources division. |
| (g) |
The employee’s employment history must be obtained and considered in the investigation. |
| (h) |
The employee must be accorded an opportunity to respond to allegations in writing. |
| (i) |
After completion of the investigation and obtaining all the necessary information the supervisor or the investigator must send the complete information through the accused employee’s chain of command. |
| (j) |
A supervisor or a designated person must produce a report substantiating his/her findings and recommending disciplinary action, if applicable, to the head of division, the Chief of Traffic, or any other designated officer. Disciplinary action shall be instituted and conducted in accordance with the traffic law enforcement prescribed policies. |
| (k) |
The Chief of Traffic may approve or disapprove of any recommendation put forward to him/her. |
| (l) |
The complainant must be notified of the results of the investigation in writing upon completion of the investigation. |
| (m) |
A copy of the final decision and notification to a complainant shall be placed on of an employee. |
Stamp Duties Act, 1968 (Act 77 of 1968)
