205. Police service
1. The national police service must be structured to function in the national, provincial and, where appropriate, local spheres of government.
2. National legislation must establish the powers and functions of the police service and must enable the police service to discharge its responsibilities effectively, taking into account the requirements of the provinces.
3. The objects of the police service are to prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property, and to uphold and enforce the law.
206. Political responsibility
1. A member of the Cabinet must be responsible for policing and must determine national policing policy after consulting the provincial governments and taking into account the policing needs and priorities of the provinces as determined by the provincial executives.
2. The national policing policy may make provision for different policies in respect of different provinces after taking into account the policing needs and priorities of these provinces.
3. Each province is entitled —
a. to monitor police conduct;
b. to oversee the effectiveness and efficiency of the police service, including receiving reports on the police service;
c. to promote good relations between the police and the community;
d. to assess the effectiveness of visible policing; and
e. to liaise with the Cabinet member responsible for policing with respect to crime and policing in the province.
4. A provincial executive is responsible for policing functions —
a. vested in it by this Chapter;
b. assigned to it in terms of national legislation; and
c. allocated to it in the national policing policy.
5. In order to perform the functions set out in subsection (3), a province —
a. may investigate, or appoint a commission of inquiry into, any complaints of police inefficiency or a breakdown in relations between the police and any community; and
b. must make recommendations to the Cabinet member responsible for policing.
6. On receipt of a complaint lodged by a provincial executive, an independent police complaints body established by national legislation must investigate any alleged misconduct of, or offence committed by, a member of the police service in the province.
7. National legislation must provide a framework for the establishment, powers, functions and control of municipal police services.
8. A committee composed of the Cabinet member and the members of the Executive Councils responsible for policing must be established to ensure effective co-ordination of the police service and effective co-operation among the spheres of government.
9. A provincial legislature may require the provincial commissioner of the province to appear before it or any of its committees to answer questions.
207. Control of police service
1. The President as head of the national executive must appoint a woman or a man as the National Commissioner of the police service, to control and manage the police service.
2. The National Commissioner must exercise control over and manage the police service in accordance with the national policing policy and the directions of the Cabinet member responsible for policing.
3. The National Commissioner, with the concurrence of the provincial executive, must appoint a woman or a man as the provincial commissioner for that province, but if the National Commissioner and the provincial executive are unable to agree on the appointment, the Cabinet member responsible for policing must mediate between the parties.
4. The provincial commissioners are responsible for policing in their respective provinces —
a. as prescribed by national legislation; and
b. subject to the power of the National Commissioner to exercise control over and manage the police service in terms of subsection (2).
5. The provincial commissioner must report to the provincial legislature annually on policing in the province, and must send a copy of the report to the National Commissioner.
6. If the provincial commissioner has lost the confidence of the provincial executive, that executive may institute appropriate proceedings for the removal or transfer of, or disciplinary action against, that commissioner, in accordance with national legislation.
208. Police civilian secretariat
A civilian secretariat for the police service must be established by national legislation to function under the direction of the Cabinet member responsible for policing.
209. Establishment and control of intelligence services
1. Any intelligence service, other than any intelligence division of the defence force or police service, may be established only by the President, as head of the national executive, and only in terms of national legislation.
2. The President as head of the national executive must appoint a woman or a man as head of each intelligence service established in terms of subsection (1), and must either assume political responsibility for the control and direction of any of those services, or designate a member of the Cabinet to assume that responsibility.
210. Powers, functions and monitoring
National legislation must regulate the objects, powers and functions of the intelligence services, including any intelligence division of the defence force or police service, and must provide for —
a. the co-ordination of all intelligence services; and
b. civilian monitoring of the activities of those services by an inspector appointed by the President, as head of the national executive, and approved by a resolution adopted by the National Assembly with a supporting vote of at least two thirds of its members.