Know your Rights as a complainant
REFUSAL BY SAPS MEMBERS IN ASSISTING COMPLAINANTS TO OPEN CRIMINAL DOCKETS IN TERMS OF NATIONAL INSTRUCTION 3 OF 2011
1. It has been reported that members stationed at various police stations are refusing to open cases involving women and children due to the following reasons:
1.1The complainant cannot identify the suspect by name;
1.2 The complainant did not bring the suspect to the police station;
1.3 The crime did not happen within the station’s boundaries;
1.4The member who is attending to the complainant does not think that it is serious enough;
1.5 Complainants are told to resolve the dispute with the suspect.
2. This is unacceptable.
3. National Instruction 3 of 2011 regulates the opening and registration of case dockets.
3.1 Section 1 of the national instruction, a member who receives the complaint must interview the complainant in order to see if the complaint meets the requirement for that specific crime.
3.2According to Section 2, complainants must never be referred to another police station even if the crime was committed in another police station area.
4. The Community Service Centre is responsible for ensuring that:
REFUSAL BY SAPS MEMBERS TO ASSIST COMPLAINANTS TO OPEN CRIMINAL DOCKETS IN TERMS OF NATIONAL INSTRUCTION 3 OF 2011
4.1 Complainants or reporters of crime, whether the crime was committed in his/her station area or in the station area of another police station, are treated courteously and that a comprehensive affidavit is taken from the complainant or report of crime;
4.2Complainants or reporters of crime are not referred to another station to lodge complaints of crime;
4.3 All complaints or reports made by the public receive immediate attention.
5. Cluster Commanders and Station Commanders must ensure that all members who do not comply with National Instruction 3 of 2011 are subjected to disci-plinary steps.
* Member of Public – Please Report if SAPS members refuse to open a case for you:
SAPS National Complaint Centre:
Tel: 080 033 3177 or 0860264487
Fax: (012) 393-5452
E-Mail: [email protected]