Regulation 21 Determination of appeal by the chief constable
In determining the appeal, the chief constable shall have regard to—
the report of the chairman of the inefficiency hearing and any papers referred to therein;
in the case of an appeal under regulation 19(2), the report prepared in terms of, and any written comments made by or on behalf of the constable by virtue of, regulation 18(2), and the written decision of the chairman of the inefficiency hearing made in terms of regulation 18(3) and (4);
the notice of appeal submitted in terms of regulation 19(3);
any oral representations made by the constable at a hearing arranged in terms of regulation 20(1); and
any further information or report obtained following an adjournment in terms of regulation 20(4).
Subject to paragraph (3), the chief constable shall, unless it is not reasonably practicable to do so, determine the appeal not later than—
where no hearing has been arranged, 7 days after the date on which he receives the notice of appeal submitted in terms of regulation 19; or
where a hearing has been held, within 7 days after the date of that hearing.
The chief constable shall, in any case, determine the appeal—
not later than 28 days after the date on which the notice of appeal was sent in terms of regulation 19(3); or
where he has asked the chairman of the inefficiency hearing to carry out a further hearing in terms of regulation 20(4)(b), not later than 7 days after the completion of that hearing.
In determining an appeal under regulation 19(1), the chief constable may—
if he upholds an appeal under regulation 19(1)(a), quash any finding by the chairman of the inefficiency hearing and any disposal made;
if he upholds an appeal under regulation 19(1)(a) but only in relation to the disposal made or if he upholds an appeal under regulation 19(1)(b)—
quash any disposal made; or
where the disposal was a requirement to resign made under regulation 17(1)(a), vary that disposal by substituting an order of reduction in rank either with immediate effect or with effect on and after such later date as may be specified; or
dismiss the appeal.
In determining an appeal under regulation 19(2), the chief constable shall either confirm or quash the requirement to resign.
The decision of the chief constable shall be recorded in a document which shall contain—
the terms of the decision which shall specify any variation of the disposal made by the chairman of the inefficiency hearing; and
a statement of the reasons for the decision,
and shall be signed and dated by the chief constable.
The chief constable shall forthwith send a copy of the document to the appellant and, if any, his representative and to the chairman of the inefficiency hearing.