Implementation of Geneva Conventions Act, 2012
R 385
South African Police Service Act, 1995 (Act No. 68 of 1995)RegulationsForensic DNA Regulations, 201521. Assessment of a complaint |
| (1) | In assessing a complaint, the assessment committee may take into consideration— |
| (a) | whether the Board is mandated to receive and investigate the complaint; |
| (b) | whether the Service has conducted or is conducting an investigation of its own; |
| (c) | whether the complainant has exhausted the internal remedies available in the Service; |
| (d) | whether the complainant has exercised his or her right in a court of law or another competent tribunal; |
| (e) | whether the complaint is of a trivial, frivolous, vexatious nature or made in bad faith; and |
| (f) | whether the complaint should be referred to an appropriate authority or institution that is competent to deal with such complaint. |
| (2) | If the assessment committee is of the opinion that additional information is required to make a proper assessment, it may request such information from the complainant or the authorized officer of the NFDD. |
| (3) | In conducting an assessment, the assessment committee shall be entitled to be furnished with— |
| (a) | reasonable access to the NFDD; |
| (b) | access to systems in place to store and destroy DNA samples |
| (c) | access to records maintained in the Division: Forensic Services relating to the transportation, storage and destruction of DNA samples; |
| (d) | policies relating to the management of DNA samples and forensic DNA profiles; |
| (e) | statistics relating to all DNA samples received, disposed of and forensic DNA profiles that are stored, destroyed or removed from the NFDD; |
| (f) | measures taken by the NFDD to put in place remedial measures to reduce or address the factors that gave rise to a valid complaints; and |
| (g) | any other reasonable information that the assessment committee may require. |
| (4) | The authorised officer of the NFDD must provide the information referred to in subregulation (3) to the assessment committee within (14) fourteen days after the requested. |
| (5) | The assessment committee may request written or oral submissions from any person or authority which may be necessary to properly assess the merit of the complaint. |
| (6) | Any such request to a person or authority to provide a submission must be made by written notice and delivered by registered post or delivered by hand directly to the relevant person requesting information or to the executive authority of the organization or organ of state where the information is kept. |
| (7) | The assessment committee, after considering all the relevant factors and available information, must report in writing to the Board on the outcome of such assessment within seven days of making an assessment. |
| (8) | The Chairperson must table the assessment committee's report for discussion at the next Board meeting. |
| (9) | The Board may request the assessment committee to further investigate the complaint if the response is not considered adequate. |
| (10) | If the Board, after considering the report and recommendations of the assessment committee, has made a decision that the complaint should be pursued, the Chairperson must, within ten days, communicate such decision in writing to the complainant and to any other party that may be involved. |
| (11) | If the Board has made a decision not to pursue the complaint after considering the report and any recommendations of the assessment committee, it must, within ten days of the decision, inform the complainant in writing of such decision and the reason for such decision. |
| (12) | If an assessment relates to an alleged criminal act, the Board must submit the complaint and any documents the assessment committee may have obtained, within ten days to— |
| (a) | the National Commissioner for investigation; or |
| (b) | a relevant authority for further action and finalization. |
| (13) | If a complaint is referred to a relevant authority, the authorized officer of the NFDD must ensure that full cooperation, assistance and support is provided to the relevant authority. |
| (14) | The findings and any recommendation of the Board may be communicated to the National Commissioner or the relevant authority for information and follow-up. |
| (15) | If an assessment relates to an act of misconduct requiring disciplinary action against a member of the Service or IPID, the Board must submit the complaint and any documents the assessment committee may have obtained, together with the reasons for the recommendation, within ten days to— |
| (a) | the National Commissioner for further investigation and finalization, if the alleged act of misconduct relates to a member of the Service; or |
| (b) | the Executive Director of IPID for further action and finalization, if the alleged act of misconduct relates to a member of IPID. |
| (16) | The National Commissioner or the Executive Director, as the case may be, must consider and give effect to the Board's findings and any recommendations. |
| (17) | If the National Commissioner or the Executive Director fails or refuses to implement the Board's recommendation, the National Commissioner or the Executive Director must provide written reasons for such failure or refusal to the Chairperson within 10 days of receipt of the report and recommendations. |
| (18) | If the Board is not satisfied with the reasons provided, it may refer the report and recommendations to the Minister of Police within 14 days after being informed thereof. |
