| (1) |
The National Commissioner may designate a member, a category of members or any other person or category of persons who may, in general or in a specific case, inquire into— |
| (a) |
the fitness of a member to remain in the Service on account of indisposition, ill-health, disease or injury; |
| (b) |
the fitness or ability of a member to perform his or her duties or to carry them out efficiently; |
| (c) |
the fitness of a member to remain in the Service if his or her continued employment constitutes a security risk for the State; |
| (d) |
the fitness of a member to remain in the Service in the light of a misrepresentation made by such member regarding a matter in relation to his or her appointment; |
| (e) |
the absence of a member from duty without leave for more than one calendar month; |
| (f) |
an injury alleged to have been sustained by a member or other employee of the Service in an accident arising out of or in the course of his or her duty, or a disease or indisposition alleged to have been contracted in the course of his or her duty, or any subsequent incapacitation alleged to be due to the same injury, disease or indisposition, or an indisposition alleged to have resulted from vaccination in accordance with this Act; |
| (g) |
the death of a member or other employee of the Service alleged to have been caused as a result of circumstances referred to in paragraph (f); |
| (h) |
the absence from duty of a member or other employee of the Service owing to illness, indisposition or injury alleged to have resulted from misconduct or serious and deliberate failure on his or her part to take reasonable precautions; |
| (i) |
the suitability, value and purchase of any property or equipment required for use in the Service or the suitability for further service of any part of property or equipment already in use in the Service; |
| (j) |
any deficiency in or damage to or loss of State property or any property in possession of or under the control of the State or a club referred to in section 62(3) or for which the State is responsible, or any property of a member or other employee of the Service which is alleged to have occurred in connection with the performance of his or her duties or functions in the Service, as well as the liability of any person and the desirability to hold any person liable for such deficiency, damage or loss; |
| (k) |
any deficiency, loss, damage or expense occasioned to the State or a club referred to in section 62(3) as a result of the conduct of a member or other employee of the Service and any money or unpaid debts due by such member or employee to the State or such club as well as the liability of any person and the desirability to hold any person liable for such deficiency, loss, damage or expense; or |
| (l) |
any other matter which the National Commissioner considers to be in the interest of the Service. |
| (2) |
The National Commissioner may designate a member, a category of members or any other person or category of persons who may, in general or in a specific case, obtain and lead evidence for the purposes of an inquiry contemplated in subsection (1). |
[Section 34(2) substituted by section 5 of Act No. 41 of 1997]
| (a) |
the procedure applicable to an inquiry contemplated in subsection (1); and |
| (b) |
the circumstances under which such an inquiry may be converted or deemed to have been converted into disciplinary proceedings. |
Protection of Personal Information Act, 2013
