TRANSITIONAL ARRANGEMENTS
- in so far as their use is not inconsistent with the provisions of these Regulations or any collective agreement; and
- until a date to be determined by the Minister by notice in the Gazette. Such a determination may be made from time to time in respect of any one or more of those forms.
EMPLOYMENT CONTRACT FOR THE NATIONAL COMMISSIONER OF THE
SOUTH AFRICAN POLICE SERVICE
ENTERED INTO
by and between the
GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA
herein represented by
_____________________________________________________________
(full name)
in her or his capacity as
PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA
(hereinafter referred to as the Employer)
AND
____________________________________________________________ (full
name)
(hereinafter referred to as the Employee)
AND WHEREAS the parties have agreed to enter into a contract which will govern the terms and conditions of employment of the Employee by the Employer,
NOW THEREFORE-the parties agree as follows:
1.1 In terms of section 207 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996) (hereinafter referred to as the Constitution), the Employer hereby appoints the Employee as National Commissioner of the South African Police Service and the Employee hereby accepts the appointment.
1.2 This Contract shall be in force for the period commencing on the day of and ending on the day of and is entered into in terms of section 7 of the South African Police Service Acts 1995 (Act No. 68 of 1995) (hereinafter referred to as the Act).
1.3 During the period of this Contract, the Employee shall -
1.3.1 serve the Employer as National Commissioner of the South African Police Service and Head of the Department of Safety and Security;
1.3.2 be responsible for the efficient and administration of the South African Police Service (hereinafter referred to as the Service) as contemplated in section 207(2) of the Constitution, the Act and section 7(3)(b) read with section 7(4) of the Public Service Act, 1994 (Proclamation No. 103 of 1994); and
1.3.3 be responsible for exercising the powers and performing the functions specifically entrusted to the office of the National Commissioner of the South African Police Service and the Head of the Department of Safety and Security, as set out in the Constitution, the Act, the Public Service Act, 1994, the Exchequer Act, 1975, the Treasury Instructions, any other law, any regulations promulgated in terms of any law and other policy directives of the Government of the day.
2.1 The Employee shall be entitled to the remuneration as specified in Appendix A.
2.2 The salary and benefits will be payable in twelve (12) equal monthly instalments on the last day of each month and should the last day be a Saturday, Sunday or public holiday, on the preceding working day, unless otherwise provided for in Appendix A.
2.3 The general conditions of service and benefits as specified in Appendix A (except for item 2.1 of Appendix A), will be as stipulated and provided for in terms of the Act, the Public Service Act, 1994, any regulations in terms thereof and any applicable collective agreement reached in the Public Service Co-ordinating Bargaining Council (hereinafter referred to as the PSCBC). The parties to this Contract accept that the general conditions of service and benefits as set out in Appendix A, excluding item 2.1, may from time to time be amended by means of collective agreements concluded in the PSCBC or by determinations by the Minister in terms of the Act or by the Minister for the Public Service and Administration in terms of section 3(3)(c) or 12(2)(a) of the Public Service Act, 1994.
2.4 Subject to section 7(4)(b) of the Public Service Act, 1994, the Employee will also qualify for participation in other benefits and special privileges normally bestowed upon a Head of Department as set out in this Contract or other applicable prescripts.
2.5 When required to perform official away from her or his headquarters, the Employee shall travel at the expense of the Employer and shall be paid a subsistence allowance in accordance with the applicable legislation and prescripts.
3.1 The term of office of the Employee may be terminated as provided for in the Act.
3.2 Pension and other payable benefits are directly linked to the specific section of the Act which is utilised, as regulated by the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996), the regulations promulgated thereunder as applicable to a Head of Department and any applicable collective agreement concluded in the PSCBC.
3.3 Subject to the provisions of the Act, either party may, after consultation and agreement with the other party, terminate this Contract before the expiry of its term or an extended term by giving to the other party three months' notice of termination, which notice shall be given in writing on or before the last day of a month and take effect on the first day of the succeeding month.
3.4 Should notice of termination be given as contemplated in clause 3.3, the Employer has the right to require the Employee to vacate the office occupied by her or him and to leave the premises of the Department on a day stipulated by the Employer before the expiry of the three months' notice period and not to present herself or himself for duty any time thereafter.
3.5 Should the Employer invoke the provisions of clause 3.4, the Employee will still be entitled to all such benefits as contained in the relevant prescripts and applicable collective agreement concluded in the PSCBC.
4.1 The Employer shall, in writing, inform the Employee at least two calendar months prior to the expiry of the term contemplated in clause I (above) whether she or he proposes to retain such an Employee in service for any extended period not exceeding 5 years (60 calendar months). If the Employee is so informed, she or he shall in writing inform the Employer, within one calendar month from the date of that communication, of her or his acceptance or not of such extended employment.
4.2 In the event that agreement is reached that the Employee shall enter into a further contract on termination or completion of this Contract, the continued service of the Employee will be recognised under the new contract so as to avoid any break of service and any accrued or pro rata entitlement will be carried forward into the new contract.
4.3 Should the Employer not renew the contract period beyond the initial period as stated in clause 1 (above), the Employee shall be entitled to the pension and other benefits directly linked to the specific section of the Act in terms of which her or his services are terminated.
5.1 In the interest of the protection and maintenance of the confidentiality of trade secrets, technical - or business know-how, confidential information, business connections, customer connections and all other confidential information (hereinafter referred to as trade secrets) of the Department, the Employee undertakes to the Employer that -
5.1.1 she or he will not during or after the term of this Contract, either herself or himself utilize or cause to be utilized or directly or indirectly divulge or disclose to any third party any of the Employer's trade secrets (except as required by the terms and nature of the Employee's employment with the Employer);
5.1.2 she or he will treat as confidential all confidential information which a third party has in terms of any agreement made available to the Employer and which has become known to the Employee in the course of her or his duties and not divulge to any other third party any information regarding such confidential information contrary to the terms of such agreement;
5.1.3 any documents or records (including written instructions, notes or memoranda) relating to the trade secrets of the Employer which are created by the Employee or which come into the Employee's possession during the period of her or his employment with the Employer, are deemed to be the property of the Employer and will be surrendered to the Employer on demand, and in the event of the termination of the Employee's employment by the Employer, the Employee, will not retain any copies thereof or extracts therefrom; and
5.1.4 she or he shall comply with the prescribed Code of Conduct.
5.2 The restraints imposed upon the Employee in terms of this clause are deemed to be, in respect of every part thereof, separate, severable and separately enforceable in the widest sense from the other parts thereof and the invalidity or unenforceability of any clause or any part thereof will in no way effect the validity or enforceability of another part of the clause or the Contract.
The Employer and the Employee hereby agree to the following additional terms and conditions as contemplated in section 12(4) of the Public Service Act, 1993 (delete if not applicable):
6.1 The Employee shall enter into an annual performance agreement with the Minister, linked to a specific financial year, which shall include as a minimum the following:
6.1.1 Salary increases will be based on the performance of the Employee. Performance will be assessed in accordance with her or his performance agreement and the extent to which the Employee complied therewith. In terms of an agreement reached in the PSCBC, salary increases for the Employee will be based on individual consultation. The Employee along with the Employer have the responsibility to consult annually regarding her or his salary increase and cash bonus within the restrictions of the budget based on the performance of the Employee. In consulting on the salary increase and cash bonus of the Employee, the guidelines forwarded by the Minister for the Public Service and Administration should always be borne in mind.
6.1.2 An annual performance agreement provided for in teens of clause 6.1 linked to a specific financial year, stating clear performance areas/criteria/deliverables of the Department and the Employee must be entered into for the duration of this Contract. As performance agreements are linked to financial years, it should be entered into and presented to the Employer at the latest on 30 June every year for the duration of this Contract. The Employee should enter into her or his first performance agreement not later than three months after assumption of duty. In terms of regulation 35(2)(a)(ii) the Employer shall record delegations and/or authorisations in the performance agreement.
6.1.3 The performance agreement shall be revised if, at any time during its term, the work or environment of the Department or the Service is so altered (whether as a result of Government or management decision or otherwise) that the contents of it are no longer appropriate.
6.1.4 This Contract is directly linked to the performance agreement referred to in clause 6.1. In the event that the Employee does not achieve the objectives/milestones of the Department as set out in the performance agreement, the Employee acknowledges that the Employer may deal with her or him, in accordance with the procedure contained in the applicable collective agreement reached in the PSCBC and the relevant labour legislation.
6.1.5 _______________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
6.2 Any other particular duties of the Employee:
_______________________________________________________________________________________
_______________________________________________________________________________________
7.1 Good faith
In the implementation of this Contract, the parties undertake to observe the utmost good faith and they warrant in their dealing with each other that they will neither do nor refrain from doing anything which might prejudice or detract from the rights, assets or interests of the other of them.
7.2 Applicability of the Act and the Public Service Act
Any matters arising from this Contract, which are not specifically provided for herein, shall be dealt with in accordance with the provisions of the Act, the Public Service Act, 1994, regulations issued under these Acts, applicable collective agreements and other relevant legislation.
7.3 Variation
7.3.1 This Contract constitutes the whole of the agreement between the parties to this Contract relating to the subject matter of this Contract, and save as otherwise provided, no amendment, alteration, addition or variation of any term of this Contract will be of any force or effect unless reduced to writing and signed by the parties to this Contract.
7.3.2 The parties agree that there are no other conditions, warranties or representations, whether oral or in writing and whether express or implied or otherwise, save those contained in this Contract, the Act, the Public Service Act, 1994, regulations issued under these Acts, collective agreements and other relevant legislation (e.g. Government Employees Pension Law 1996).
7.4 Waiver
No waiver of any of the terms and conditions of this Contract will be binding for any purpose unless reduced to writing and signed by the parties to this Contract, and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either party in exercising any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege by that party.
8.1 Each party choose as her or his physical and postal addresses for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary in terms of this Contract, the following addresses -
|
Employee | |
|
_________________________ | _________________________ |
| _________________________ | _________________________ | |
|
_________________________ | _________________________ |
| _________________________ | _________________________ | |
Provided that a party report any change to her or his address to any other physical address or postal address by written notice to the other party to that effect. Such change of address will be effective seven days after receipt of notice of the change of address.
8.2 All notices to be given in terms of this Contract will -
8.2.1 be given in writing;
8.2.2 be delivered or sent by prepaid registered post;
8.2.3 if delivered, be presumed to have been received on the date of delivery; and
8.2.4 if sent by prepaid registered post, be presumed to have been received within three business days of posting unless the contrary is proved.
SIGNED by the Employer at ________________________ on the _________ day of
___________________
| AS WITNESSES: | ______________________________________ EMPLOYEE |
1. ____________________
2. ____________________
TERMS AND CONDITIONS OF EMPLOYMENT
National Commissioner of the South African Police Service.
2.1 Salary Notch
R _______________ per annum (payable in twelve (12) equal monthly instalments).
2.2 Service Bonus
Thirteenth salary cheque with a 7% deduction for the Government Employees Pension Fund*.
3.1 Pension
Membership of Government Employees Pension Fund - member's contribution is 7,5.% of basic salary*.
3.2 Medical Aid
Membership of Polmed.
3.3 Leave
Vacation leave is 30 days per annum which accrues at 2~/: days per month for the first 10 years and thereafter 36 days per annum which accrues at 3 days per month.*
3.4 Sick Leave
120 days in a fixed cycle of three years.*
3.5 Housing Allowance
A home owner's allowance.*
3.6 Motor Car Financing Scheme
A monthly basic loan redemption allowance and supplementary allowance to compensate for running costs are payable at the rates determined by the Minister for the Public Service and Administration.