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South African Police Service Act, 1995 (Act No. 68 of 1995)

Chapter 1 : Interpretation

1. Definitions

 

In this Act, unless the context otherwise indicates—

 

"board"

means the Board of Commissioners established by section 10(1);

 

"certificate of appointment"

means the document referred to in section 30;

 

"commissioned officer"

means a commissioned officer appointed under section 33(1);

 

"directorate"

means the Independent Complaints Directorate established by section 50(1);

 

"employee organisation"

means an organisation consisting inter alia of members or employees of the Service formally associated together and organised in a staff association, trade association or trade union, for the purpose of regulating relations between themselves and the Service;

 

"equipment"

includes any article supplied by the Service for use by a member in the performance of his or her duties;

 

"executive co-ordinating committee"

means the executive co-ordinating committee established by section 4(1);

 

"Executive Director"

means the Executive Director appointed in terms of section 51;

 

"fixed establishment"

means the posts which have been created for the normal and regular requirements of the Service;

 

"member"

means any member of the Service referred to in section 5(2), and including—

(a) except for the purposes of any provision of this Act in respect of which the National Commissioner may otherwise prescribe, any member of the Reserve while such member is on duty in the Service;
(b) any temporary member while employed in the Service;
(c) any person appointed in terms of any other law to serve in the Service and in respect of whom the Minister has prescribed that he or she be deemed to be a member of the Service for the purposes of this Act; and
(d) any person designated under section 29 as a member;

 

"member of the Executive Council"

means the member of the Executive Council referred to in section 217(1) of the Constitution;

 

"Metropolitan Police Service"

[Definition deleted by section 1(a) of Act No. 83 of 1998]

 

"Minister"

means the Minister for Safety and Security;

 

"municipal police service"

means a municipal police service established under section 64A;

[Definition substituted by section 1(b) of Act No. 83 of 1998]

 

"National Commissioner"

means the National Commissioner referred to in section 6(1);

 

"National Orders and Instructions"

means National Orders and Instructions issued under section 25(1) or which continue to apply in terms of section 72(4)(a);

 

"national public order policing unit"

means the national public order policing unit established in terms of section 17(1);

 

"national standards"

means national standards determined under section 64L(1);

[Definition inserted by section 1(c) of Act No. 83 of 1998]

 

"Parliamentary Committees"

means the Standing Committees of the National Assembly and the Senate responsible for safety and security affairs;

 

"prescribe"

means prescribe by regulation;

 

"Provincial Commissioner"

means the Provincial Commissioner of a province referred to in section 6(2);

 

"Rationalisation Proclamation"

means the South African Police Service Rationalisation Proclamation, 1995, published by Proclamation 5, 1995, dated 27 January 1995;

 

"regulation"

means a regulation made under this Act or which continues to apply in terms of section 72(4)(a);

 

"Reserve"

means the Reserve Police Service referred to in section 48;

 

"secretariat"

means the Secretariat for Police established under section 2(1);

[Definition substituted by section 36(1) of Act No. 1 of 2011]

 

"Secretary"

means the Secretary of Police appointed under section 2(2);

[Definition substituted by section 36(1) of Act No. 1 of 2011]

 

"Service"

means the South African Police Service established by section 5(1);

 

"stores"

means any movable property of the State which is kept in stock for distribution in the Service;

 

"strike"

means a strike within the meaning of the Labour Relations Act, 1995 (Act No. 66 of 1995);

[Definition substituted by section 1 of Act No. 41 of 1997]

 

"this Act"

includes the regulations;

 

"uniform"

means a uniform as prescribed.