National Police Commissioner and Another v Ngobeni (327/2017)
National Police Commissioner and Another v Ngobeni (327/2017) [2018] ZASCA 14; 2018 (4) SA 99 (SCA); 2018 (2) SACR 142 (SCA) (15 March 2018)
The Supreme Court of Appeal held that the National Commissioner is empowered by sections 8(8) and 9(1) of the South African Police Service Act 68 of 1995, read with section 207 of the Constitution, to establish a board of inquiry and suspend a Provincial Commissioner for alleged misconduct, unfitness for office, or incapacity, without reference to the Provincial Executive Council. The Court found that the statutory scheme distinguishes between situations where the Executive Council loses confidence and where the National Commissioner acts independently. The mutatis mutandis incorporation of p…
Source excerpt
- Powers Of National Commissioner
- Board Of Inquiry
- Suspension Of Provincial Commissioner
- Interpretation Of Statutes
- Judicial Review