Police officers charged with serious crimes remain on active duty

The South African Police Service (Saps) faces mounting pressure to remove officers accused of serious criminal offences from active duty, with Parliament’s portfolio committee on police demanding urgent Section 34 inquiries to determine fitness for service.

The crisis has exposed deep systemic issues in Saps, where officers charged with rape, attempted murder and drug trafficking continue serving in frontline roles while public trust erodes.

Criminology expert Willem Els warns that allowing accused officers to remain in uniform sends a dangerous message to communities.

“When the public sees that these officers are still in uniform after being accused of serious crimes like rape and all the others, it demonstrates to them or it gives them the impression that they are above the law and there’s no accountability,” Els said.

Specific examples of criminally charged police officers’ cases

The portfolio committee has identified multiple cases where officers facing grave charges continue their duties unimpeded.

These include a police constable out on bail for rape who remains stationed at a local facility and an acting station commander facing charges of attempted murder and torture who retains his post.

Other cases highlighted by committee chairperson Ian Cameron include a member who was caught selling police docket and later arrested for drunk driving while suspended, but has since returned to work.

Furthermore, a court orderly found with over 900 Mandrax tablets continues deployment at a central Cape Town station, while a detective out on bail for drug dealing has reportedly resumed his duties.

“We cannot accept a situation where the police service turns a blind eye to such serious allegations, especially where the charges suggest direct involvement in violent or organised criminal activity,” Cameron said during recent committee engagements with the ministry of police and senior Saps management.

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Constitutional challenges and legal framework

The situation presents complex legal challenges rooted in South Africa’s constitutional framework.

Els acknowledges the fundamental principle that individuals remain innocent until proven guilty, creating inherent difficulties in addressing the crisis.

However, Els suggests legislative reforms could address these challenges.

“Our legislation seems that it protects these officers more than it is supposed to, but that is our constitution, that is our law,” he explained, proposing immediate suspension once officers are charged with serious crimes to enhance transparency and public trust.

During the committee meeting, national police commissioner General Fannie Masemola revealed a loophole that occurs allowing investigated officers to return to duty.

“Quite often, it happens that a departmental case lasts longer than 90 days. As you are aware that in terms of regulations suspension can only take 90 days and then it does happen that if the departmental case is not finalized, such a member comes back to work but normally we don’t place that member at the same place where he was working,” he said.

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Ipid response and jurisdictional boundaries

The Independent Police Investigative Directorate clarified its role in addressing officers working while facing serious charges, emphasising that employment decisions rest with Saps as the employer.

Ipid’s mandate focuses on investigation and recommendation rather than direct disciplinary action.

“We are only investigating and once investigated, if it’s a criminal offence, we refer the docket to the NPA for a decision. If there’s a case to answer from an employer’s perspective, we make recommendations to say can you please act against your member,” Ipid spokesperson Lizzy Shupin said.

Shupin acknowledged the complexity of cases where court processes take extended periods of time, noting that criminal court outcomes can override internal Saps decisions.

“Sometimes we find that the state court might say they did not find their member guilty if it’s a criminal offence. And you find that court processes take long and then the court finds the person guilty and sentences them to whatever number of years, then that would automatically overrule the Saps decision,” she said.

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Impact on police effectiveness and public safety

The presence of accused officers undermines the entire police service’s integrity and effectiveness.

Els warned that such situations create “a culture of impunity within the service, discourages whistleblowing and cooperation from the public and reporting of cases if they can’t trust the police.”

Echoing Els’ sentiments, the committee emphasised that effective crime fighting requires removing officers accused of serious crimes to ensure only committed personnel remain in service.

This becomes particularly critical given Saps’ mandate to restore credibility and reestablish community collaboration.

Proposed solutions and reforms

Els recommends several immediate measures, including fast-tracking disciplinary hearings that currently experience lengthy delays.

“Maybe they should look at bringing external presiding officers from the judiciary to oversee these cases and to hear these cases in order to fast track them,” he suggested.

The criminologist said risk assessments for officers on bail should bar them from public-facing duties, while standardised procedures could ensure automatic suspension for any officer charged with serious misconduct.

“If a police officer is charged with any serious misconduct, they should be automatically suspended. That will bring about a uniform sort of procedures,” Els explained.

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Oversight and accountability mechanisms

Ipid requires significant strengthening to address these challenges effectively.

Els notes that Ipid has been “stripped of a lot of their resources, underfunded, undermanned” and needs rebuilding to fulfill its oversight role properly.

He added that parliamentary oversight committees could play more robust roles in holding police accountable, while international best practices from countries like the UK and Canada demonstrate the effectiveness of independent oversight bodies and mandatory reporting requirements for officer misconduct.

Systemic issues and cultural reform

The crisis reflects deeper problems within Saps’ culture and recruitment processes.

Els identifies poor vetting, substandard training, political interference, cronyism and nepotism as underlying problems.

“Political interference, cronyism and nepotism within the police is still very, very high. That is why the police service in South Africa is regarded as the most corrupt state body in South Africa,” he said.

Els added that training standards have deteriorated significantly over the past two decades, requiring benchmarking against international standards.

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Station-level accountability

The committee has resolved to extend oversight to individual police stations, with plans for a special meeting with the Fleurhof station commander following allegations of an inadequate response in the case of missing 11-year-old Jayden-Lee Meek.

“Crime happens at police station level and while leadership of the SAPS at the national and provincial level must be held accountable, so are officers at the station level,” Cameron emphasised, highlighting the need for accountability at all operational levels.

Broader criminal justice concerns

Beyond officer misconduct, the committee remains concerned about disparities between arrests and convictions, indicating systemic failures throughout the criminal justice system.

The lack of effective plans to combat gang-related violence, which significantly contributes to South Africa’s high murder rates, requires urgent attention.

“There is no question that gang violence is a major contributor to the high murder rates in the country. An effective response plan must be developed and urgently implemented to combat gang-related violence,” Cameron said.

Path forward

Els warns that without addressing these fundamental issues, the problems will persist indefinitely.

“If we don’t tackle that, we will be sitting here 10 years from now and we will asking and talking about the same challenges,” he said.

The committee continues advocating for enhanced collaboration between SAPS and other government agencies, including the South African Revenue Service, to combat organised crime effectively.

Additionally, concerns about lengthy vehicle maintenance periods highlight the need for adequate resources and tools to support police operations.

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