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

Regulations

South African Police Service Discipline Regulations, 2016

5. Nature of misconduct

 

(1) Employee conduct that shall warrant disciplinary action is listed in regulation 5(3).

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(2) In applying regulation 5(3), the employer must assess the seriousness of the alleged misconduct after considering—
(a) the actual or potential impact of the alleged misconduct on the work or the image of the Service, station, unit or component of the employee, and his or her colleagues;
(b) the nature of the work and responsibilities of the employee; and
(c) the circumstances in which the alleged misconduct took place.

 

(3) An employee will be guilty of misconduct if he or she —
(a) fails to comply with, or contravenes an Act, regulation or legal obligation;
(b) performs any act or fails to perform any act with the intention —
(i) to cause harm to or prejudice the interests of the Service, be it financial or otherwise;
(ii) to undermine the policy of the Service; or
(iii) not to comply with his or her duties or responsibilities;
(c) wilfully or negligently mismanages the finances of the State;
(d) without permission possesses, uses or appropriates property of the State or property under the control of the State;
(e) intentionally or negligently damages and or causes loss of State property;
(f) endangers the lives of others by disregarding safety rules or regulations;
(g) prejudices the administration, discipline or efficiency of a department, office or institution of the State;
(h) misuses his or her position in the Service to promote or to prejudice the interest of any political party;
(I) accepts any compensation in cash or otherwise from a member of the public or another employee for performing his or her duties without written approval from the employer;
(j) fails to carry out a lawful order or routine instruction without just or reasonable cause;
(k) absents himself or herself from work without reason or permission;
(I) fails without sufficient cause, to report for duty at a stipulated time at his or her station, place of work or any other place stipulated by a commander of his or her superior;
(m) commits an act of sexual harassment;
(n) unfairly discriminates against others on the basis of race, gender, disability, sexuality or other grounds prohibited by the Constitution;
(o) without written approval of the employer, performs work for compensation in a private capacity or for another person or organisation either during or outside working hours;
(p) without authorisation, sleeps on duty;
(q) accepts or demands in respect of the discharge, or the failure to discharge a function, any commission, fee, reward or favour, pecuniary or otherwise;
(r)
(i) unlawfully and intentionally partake in the use of a narcotic drug;
(ii) unlawfully and intentionally partakes of liquor while on duty;
(iii) is under the influence of liquor whilst off duty in a public place and behaves in a manner which is detrimental to the image of the Service;
(iv) renders himself or herself unfit for duty or for the performance of his or her functions by the use of liquor or narcotic drugs; or
(v) reports for duty whilst under the influence of liquor or narcotic drugs;
(s)
(i) pretends to be ill, interned, indisposed, injured or suffering from pain; or
(ii) obtains or attempts to obtain exemption from duty by advancing a false or exaggerated excuse on the grounds of illness, infirmity, indisposition, injury, pain;
(t) conducts himself or herself in an improper, disgraceful and unacceptable manner;
(u) contravenes any prescribed Code of Conduct of the Service or the Public Service, whichever may be applicable to him or her;
(v) incites other employees to unlawful conduct or conduct in conflict with accepted procedure;
(w) intimidates or victimises other employees;
(x) assaults, or threatens to assault any other employee;
(y) prevents another employee from belonging to any trade union;
(z) operates any money lending scheme for employees during working hours or from the premises of the Service;
(aa) gives a false statement or evidence in the execution of his or her duties;
(bb) falsifies records or any other documentation;
(cc) participates in any unlawful labour or industrial action;
(dd) convicted of any common law or statutory offence;
(ee) without proper authority, releases a prisoner or other person from custody or willfully or negligently allows him or her to escape;
(ff) uses unlawful force against a prisoner or other person in custody or otherwise ill-treats such person;
(gg) neglects his or her duty or performs his or her functions in an improper manner;
(hh) leaves his or her post without permission or reason;
(ii) fails to submit his or her financial disclosure as may be required by the relevant prescripts and/or fails to disclose the required financial interests or provides false information in such disclosure; or
(jj) fails to report an act of misconduct committed in his or her presence by his or her commander or fellow employee.

 

(4) The following forms of misconduct may warrant the institution of the expeditious procedure as provided for in regulation 9:
(a) Aiding an escapee;
(b) Arson;
(e) Robbery;
(d) Assault GBH;
(e) Bribery;
(f) Corruption;
(g) Dealing in drugs;
(h) Defeating the course of justice;
(i) Extortion;
(j) Forgery and uttering;
(k) Fraud;
(I) Hijacking;
(m) Housebreaking and theft;
(n) Kidnapping;
(o) Malicious damage to property of a serious nature;
(p) Murder;
(q) Rape;
(r) Terrorism;
(s) Theft;
(t) Treason
(u) Any attempt, conspiracy or incitement to commit any of the aforementioned offences;
(v) Sexual harassment;
(w) Unlawful possession of the employer's property;
(x) Any act of misconduct which detrimentally affects the image of the Service or brings the Service into disrepute or which involves an element of dishonesty; or
(y) Any contravention of the Firearms Control Act.

 

 


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