APPLICATION OF DISCIPLINARY REGULATIONS NEW APPROACH VS OLD SYSTEM OF SPECIALISED LEGAL TRIAL OFFICERS.

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Presentation transcript:

APPLICATION OF DISCIPLINARY REGULATIONS NEW APPROACH VS OLD SYSTEM OF SPECIALISED LEGAL TRIAL OFFICERS

DISCIPLINE IN THE SOUTH. AFRICAN POLICE SERVICE. IS REGULATED BY. - * DISCIPLINE IN THE SOUTH AFRICAN POLICE SERVICE IS REGULATED BY - SAPS DISCIPLINE REGULATIONS OF 1996 APPLICABLE TO ALL EMPLOYEES APPOINTED IN TERMS OF THE SOUTH AFRICAN POLICE SERVICE ACT 68/1995 - PSCBC RESOLUTION 2/1999 (COLLECTIVE AGREEMENT) APPLICABLE TO EMPLOYEES APPOINTED IN TERMS OF THE PUBLIC SERVICE ACT 103/1994

THE SAPS DISCIPLINE. REGULATIONS ARE BASED. ON PRINCIPLES AS SET OUT THE SAPS DISCIPLINE REGULATIONS ARE BASED ON PRINCIPLES AS SET OUT IN: - THE CONSTITUTION OF 1996 (ACT 108/96) - LABOUR RELATIONS ACT 1995 (ACT 66/95) - CODE OF GOOD PRACTICE (SCHEDULED 8 LRA) - PRINCIPLES IN PSCBC RESOLUTION 2/1999

THE DIRECTIONS CONTAINED IN RESOLUTION 2/1999 RESULTS IN A - THE DIRECTIONS CONTAINED IN RESOLUTION 2/1999 RESULTS IN A - PROCEDURE PRACTICAL AND UNDERSTANDABLE - WIDER SCOPE FOR REMEDIAL STEPS BY COMMANDER - COMMANDER HOLDS ENQUIRY AS A RESULT OF THESE DIRECTIONS SAPS HAS ALIGNED THE DISIPLINARY PROCESS FOR PUBLIC SERVICE ACT PERSONNEL ACCORDINGLY

OLD SYSTEM - PROVISIONS -. DISCIPLINARY ENQUIRIES. CONDUCTED BY OLD SYSTEM - PROVISIONS - DISCIPLINARY ENQUIRIES CONDUCTED BY APPOINTED DISCIPLINARY OFFICERS AND PRESIDING OFFICERS - TRIAL UNITS WERE ESTABLISHED AT DIVISIONAL, PROVINCIAL AND AREA LEVEL - A LEGALISTIC APPROACH WAS FOLLOWED

PROBLEMS EXPERIENCED -. MANAGEMENT OF DISCIPLINE PROBLEMS EXPERIENCED - MANAGEMENT OF DISCIPLINE TAKEN OUT OF THE HANDS OF COMMANDERS – FUNCTIONS DELEGATED TO NON COMMISSIONED OFFICERS - BOTH SERIOUS AND NON SERIOUS MISCONDUCT FORWARDED TO TRIAL SECTIONS - RESULTED IN DELAYS IN FINALIZING DISCIPLINARY CASES - DISCIPLINARY HEARINGS WERE POSTPONED UNNECESSARILY - RESULTED IN HUGE BACKLOG OF DISCIPLINARY CASES - STRUCTURE OF LEGAL SERVICES – VERY LIMITED CAREER OPPORTUNITIES

THE NEW APPROACH RESULTS IN: -. ALL COMMANDERS TAKING THE NEW APPROACH RESULTS IN: - ALL COMMANDERS TAKING RESPONSIBILITY FOR DISCIPLINE - INCREASED CAPACITY TO DEAL WITH DISCIPLINE IMMEDIATELY - DISCIPLINARY HEARINGS - FINALISED SOONER - REDUCTION IN SUSPENSIONS

- CAPTAINS BEING APPOINTED AS DISCIPLINARY OFFICIALS (PROSECUTORS) - SUPERINTENDENTS AND ABOVE AS PRESIDING OFFICERS - PERSONNEL OF LEGAL SERVICES (OLD TRIAL UNITS) TASKED TO TRAIN ALL OFFICERS IN THE DIFFERENT PROVINCES - DIFFICULT TRIALS GIVEN TO MEMBERS WITH LEGAL BACK- GROUND

CONCLUSION -. NEW APPROACH. ENSURES THAT. DISCIPLANARY ACTIONS CONCLUSION - NEW APPROACH ENSURES THAT DISCIPLANARY ACTIONS ARE INSTITUTED IMMEDIATELY