Members of the community are urged to reports SAPS members who don’t honour their mandate, or the Constitution
SAPS has a mandate to protect the lives and property of the people of South Africa.
The South African Police Services (SAPS) has a mandate outlined in the Constitution of South Africa Section 205 and the South African Police Service Act of 1995 to protect the lives and property of the people of South Africa, however, this is not always the case.
Parkview Community Policing Forum’s (CPF) chairperson of the Sector 2 crime forum Geraldine Connell provided points on how community members can report poor service from the police.
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Connell explained that SAPS’ mandate included working with communities to address safety concerns and enhance public trust in law enforcement.
“The guiding principle of ‘Service Excellence’ requires SAPS to carry out its duties with professionalism, accountability, and respect for human rights. Should SAPS fail to fulfill its mandate, community members may seek remedy in terms of the Promotion of Administrative Justice Act no 3 of 2000 (PAJA).”
The PAJA states that where a state department fails to act, individuals or organisations can apply for judicial review in a court of law.
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“The court can order the department to fulfill its mandate or decide where it has failed to do so. Furthermore, damages or compensation may be payable if the failure has caused harm or loss,” noted Connell.
Connell added that SAPS may also be challenged on constitutional grounds in addition to the PAJA. The court could declare the conduct of a department inconsistent with the Constitution and take appropriate action.
Another avenue of recourse is to report police inefficiencies to the Public Protector, but there are limitations.
“The Public Protector in South Africa has a mandate to investigate misconduct, abuse of power, or improper conduct by public officials, which includes police officers or police services in certain cases,” said Connell.
However if the complaint is about inefficiency, such as poor service delivery or inadequate responses by the police, it was advised to address the complaints to other oversight bodies such as:
• The Independent Police Investigative Directorate (IPID). This body is responsible for investigating police misconduct, including inefficiency, negligence, and criminal acts by police officers.
• The Civilian Secretariat for Police. This is a civilian oversight body that monitors police performance and advises on issues of safety and security.
• The South African Human Rights Commission (SAHRC). If the inefficiency is related to the violation of human rights, the SAHRC may intervene.
The Public Protector could step in if there is an element of abuse of power, maladministration, or corruption involved in the inefficiency.
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