National Police Service Union and Others v Minister of Safety and Security and Others

The second and third appellants were members of the former KwaZulu Police Force whose conditions of service allowed them membership of Bonitas Medical Fund with 100% state-subsidised contributions under KwaZulu Cabinet Resolution 138/93. Following the Interim Constitution, various police forces were amalgamated into the South African Police Service (SAPS). A rationalisation process culminated in the Fifth Rationalisation Scheme (1997), which transferred members in pre-rationalised posts into the SAPS fixed establishment. After their transfer, the State contended that appellants were no longer entitled to fully subsidised Bonitas membership and could only receive medical benefits at state expense through the SAPS medical scheme, Polmed. The appellants challenged the validity of the Fifth Scheme for lack of promulgation and contended that compulsory Polmed membership unlawfully deprived them of their prior benefits.

The appeal was dismissed with costs. The Fifth Rationalisation Scheme was valid and effective without promulgation, and the appellants were not entitled to continued 100% state-subsidised membership of Bonitas.

The case clarifies the distinction between administrative directives and subordinate legislation in South African law, confirming that not all measures implementing legislation require promulgation. It also establishes important principles regarding the harmonisation of employment conditions following public service rationalisation and the limits of state-funded employment benefits.