Consolidating legislation codifying legislation


26-Jul-2017 13:38

consolidating legislation codifying legislation-73

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Unfortunately the need to render a quick decision has denied me the opportunity to do the review I would have preferred. One can only express the hope that the line of reasoning which follows has not been impoverished as a result.The applicants, the South African Police Union (SAPU) and the Police and Prisons Civil Rights Union (POPCRU), to whom I will refer jointly as “the unions”, seek urgent interim relief in the form of an order interdicting the first respondent, the National Commissioner of the South African Police Services, (“the Commissioner”), from introducing a new 8-hour shift system in respect of members of the SAPS engaged in line activity duties across the entire country.Before the adoption of a fundamental constitution in 1994, and also prior to the making of the regulations, the SAPS implemented an 8-hour shift system, consisting of three 8-hour shifts, namely morning (06h00-14h00), afternoon (14h00-22h00) and night (22h00-06h00), that were worked in various cycles by all employees engaged in line activity duties.The SAPS has approximately 140 000 employees, of whom approximately 115 000 to 120 000 are engaged in line activity duties in Community Service Centres, Crime Prevention Units, Crime Investigations Units and Protection Services Units.On 14 April 2000 the Minister, acting in terms of the provision, enacted GNR389 of GG21088 containing the “South African Police Service Employment Regulations” (“the regulations”), which regulate the working conditions of employees of the SAPS.Chapter VI of the regulations deals with the “Working Environment.” Regulations 30 and 31 are of particular importance and provide as follows: Working hours of the service and conditions must support effective and efficient service delivery while, as far as reasonably possible , taking into account the personal circumstances of employees including those of employees with disabilities.

Certainly, judicial decisions and juristic writings are regarded as auxiliary sources of international law, whereas it is unclear whether the general principles of law recognized by 'civilized nations' should be recognized as a principal or auxiliary source of international law.They have been influenced by a range of political and legal theories.