South African Policing Union and Others v Minister of Police and Others (66522/2020)
South African Policing Union and Others v Minister of Police and Others (66522/2020) [2021] ZAGPPHC 10 (8 January 2021)
The court held that section 7(7) of the Intelligence Services Oversight Act does not create a statutory precondition requiring the Inspector General of Intelligence to submit a report to the Minister before the National Commissioner may suspend employees. The oversight functions of the IGI are distinct from the employer's disciplinary powers. The National Commissioner, as employer and accounting officer, is empowered and obliged by the SAPS Act, Discipline Regulations, and the PFMA to act on allegations of misconduct, including procurement irregularities, without awaiting the IGI's report or…
Source excerpt
- Disciplinary Proceedings
- Precautionary Suspension
- Statutory Interpretation
- Public Service Employment
- Intelligence Services Oversight
- Procurement Irregularities