With the latest crime statistics now out, crime reporting is back in the spotlight — and so is the question many residents ask: can police refuse to open a case?

According to Pretoria Rekord, many people do not know that police members are not allowed to refuse to open a criminal case, even if the suspect is unknown or the crime happened elsewhere.

Under National Instruction 3 of 2011, SAPS members are obligated to assist complainants and register criminal complaints if an offence may have been committed.

The instruction governs the opening and registration of criminal case dockets in the Crime Administration System.

What the instruction says

According to the instruction:

• Police officers must interview the complainant to determine whether the complaint meets the requirements of an offence.
• Complainants may not be sent away because they do not know the suspect’s name.
• Victims may not be told to ‘sort it out themselves’.
• A complainant cannot be referred to another police station simply because the crime happened elsewhere.

The instruction also states that all complaints must receive immediate attention and that complainants must be treated courteously.

Why complainants are allegedly turned away

Across social media, community groups and civil rights organisations, complainants have reported being turned away for reasons including:

• “The suspect is unknown”
• “There is not enough evidence”
• “The matter is civil, not criminal”
• “The officer on duty is unavailable”
• “The case belongs to another station”

Legal experts say police may decide during an investigation that a case lacks evidence for prosecution, but that decision does not mean officers can refuse to register the complaint in the first place.

What to do if police refuse to help

• Ask to speak to the station commander or senior officer on duty.
• Request the officer’s name and rank.
• Document the date, time and station where the refusal occurred.
• Escalate the matter through SAPS complaints channels or oversight bodies.

Where to report complaints

The SAPS National Service Complaints Centre allows members of the public to report poor service or officers allegedly refusing assistance.

SAPS Complaints Centre:

• 0800 333 177
• 0860 264 487

Complaints involving police misconduct, corruption or abuse may also be reported to the Independent Police Investigative Directorate.

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