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Mr O'Sullivan quotes the judgment that the Commissioner in discharging obligations under SAPS Act must protect and give effect to SAPS discipline regulations.
“To ensure the proper function of the SAPS, the Commissioner in discharging his obligation under section 11 of the SAPS Act must protect and give effect to SAPS discipline regulations”
The National Commissioner responded to a demand letter stating the matter was receiving necessary attention and was governed by labour laws including the Labour Relations Act and SAPS disciplinary regulations.
“The National Commissioner is aware of his constitutional duties in terms of the SAPS Act as well as the SA disciplinary regulations. It must be emphasised that this matter is receiving the necessary attention it deserves and it is a matter that involves a relationship between employer and employee in line with the Labour Relations Act as well as all the other relevant prescripts.”
Section 64(f) of SAPS Act restricts powers of metropolitan police officers to their municipal borders, unless proper agreements are signed with neighbouring municipalities.
“The powers in 64 ( f ) of the SAPS Act may only be exercised within the borders of Ekurhuleni Metropolitan Council unless an appropriate agreement has been signed with a neighbouring municipality.”