Service offered by the Department of Public Safety, Security and by monkey6

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									Know your rights

Facts about arrest, detention and bail and the services offered
by the Department of Public Safety, Security and Liaison in the
Free State Province
Introduction
To ensure that the vision and mission of the Department of Public Safety, Security and Liaison
(DPSSL) are achieved, the Department conducts public education programmes focusing on
issues related to safety, security as well as crime prevention. The Department aims to ensure
that the State Province is safe, secure and provides effective and efficient service delivery by the
South African Police Service (SAPS). The Department also focuses on enhancing good relations,
corporation as well as trustworthiness between the SAPS, communities and other stakeholders
involved in crime prevention matters.



Services offered by the Department
Victim Support Rooms
These rooms are available at police stations for victims of domestic violence and abuse. Victims
can sleep over at these rooms when they experience hostile situations at their homes and can
also receive counselling. To access the services of VSRs, talk to any SAPS member.

Crime Prevention and Community Policing
Community members are encouraged to join and participate in their local Community Police
Forum (CPF) and work together with the police to prevent crime in their areas.

Monitor the service delivery of the SAPS
The legal mandate and policy frameworks that guide the DPSSL, are the Constitution of the RSA,
the SAPS Act, the Criminal Procedure Act, the National Crime Prevention Strategy (NCPS) and
Human Rights Bill.

The DPSSL monitors the South African Police Service’s service delivery to communities.

Communities have the right to lay complaints against members of the SAPS if they are not
satisfied with their services, e.g. when:

         they don’t get co-operation from SAPS members;
         the behaviour of the SAPS members is not acceptable;
         they don’t receive any feedback regarding their cases or complaints;
         police vehicles are misused;
         cases are withdrawn without informing the complainant, and:
         cases are reported but the SAPS does not open dockets.


How to register your compliment/complaint
You can register the compliments for or complaints about your local SAPS in one of the following
ways:

Toll-free number: 0800 72 73 74
The PSSL has got a toll-free number for people who would like to give compliments for or lay
complaints about the SAPS’ service delivery. This number is accessible 24/7. Departmental
officials are available to answer the calls from 07:30 to 16:00 during weekdays. A recording
machine will record your complaints between 16:00 and 07:30. You can leave your message and
contact details and the officials will return your call during the next working day.

Suggestion Boxes
These boxes are available at all police stations. You post your written compliment or complaint
and post it in these boxes. Remember to include your complaint, name and contact number to
ensure you receive a swift response form the Department. Only officials from the DPSSL have
keys to the boxes and are liable to open them.

Mobile Office (Caravan)
You may register your complaints about or compliments for your local SAPS’ service delivery at
this office when it visits your town.


Different types of crimes
Serious Crimes
Murder
Attempted Murder
Armed Robbery
Rape
Attempted rape
Assault GBH
House Breaking
Drugs and drug trafficking
Arson
Stock-theft
Pointing of a gun to a person
Child neglect

Less Serious Crimes
Assault common
Malicious damage to property
Crimen injuria


Arrest and Detention
Arrest involves depriving a person his/her liberty by taking him/her into custody. Detainees in
police custody have usually not yet been convicted and the presumption of innocence will apply.
For this reason, the treatment of detainees by police officials must be humane and legal.

Arrested, detained and accused persons

Rights during Arrest
Anyone who is arrested for allegedly committing an offence has the right to:
    remain silent;
    be informed promptly of:
             o the right to remain silent; and
             o the consequences of not remaining silent;
    not to be compelled to make any confession or admission that could be used in evidence
       against that person;
    be brought before a court as soon as possible, but not later that 48 hours after arrest, but
       if that period expires outside ordinary court hours, to be brought before the court on the
       first court day after the end of that period;
    At the first court appearance after being arrested, to be charged or to be informed of the
       reason for the detention to continue, or to be released; and
    to be released from detention if the interests of justice permit, subject to reasonable
       conditions.
Rights during detention
Everyone who is detained, including every sentenced prisoner, has the right to:
    be informed promptly of the reason for being detained;
    choose, and to consult with, a legal practitioner, and to be informed of this right promptly;
    challenge the lawfulness of the detention in person before a court and, if the detention is
       unlawful, to be released;
    conditions of detention that are consistent with human dignity, including at least exercise
       and the provision, at state expense, of adequate accommodation, nutrition, reading
       material and medical treatment;
    to communicate with, and be visited by, his/her:
            spouse or partner;
            next of kin
            chosen religions counselor; and
            chosen medical practitioner.


The granting of bail and bail conditions
Bail has become a very sensitive issue in constitutional debate. When bail is granted, it
sometimes leaves a strong perception that human rights benefit the perpetrator to the
disadvantage of law-abiding citizens, especially when they learn that hardened criminals are
walking the streets shortly after been apprehended by the police. The police play a pivotal role in
changing perceptions. They are required to conduct a thorough investigation into the advisability
of bail and to produce evidence that will convince the court that, in the interest of justice, bail
should not be granted. If such evidence is not produced, the accused will in all likelihood be
released.

The refusal to grant bail and the detention of an accused in custody shall be in the interest of
justice when there is the likelihood that the accused, if he or she is released on bail, would:
      endanger the safety of the public or any particular person or the public interest,
         prevalence of a particular type of offence;
      attempt to evade the trial, and that the means and travel documents held by the accused
         may enable him or her to leave the country;
      attempt to influence or intimidate witnesses or to conceal or destroy evidence, e.g. the
         fact that the accused is familiar with the identity of witnesses and with the evidence which
         they may bring against him or her;
      undermine or jeopardize the objectives of the proper functioning of the criminal justice
         system, including the bail system, e.g. supply false information at the time of arrest or
         during the bail proceedings.


Police procedure when working with child offenders
Child offenders are persons under 18 years of age who have allegedly committed an offence.

Child offenders are often the product of violent and abusive pasts particularly within the family
environment. Many have been neglected and/or abandoned.

Even when children have committed a crime and are arrested they continue to have special
needs. Although one understands that overcrowding in prisons is common, placing children in
the same area as adults only serves to perpetuate the cycle of crime. Children exposed to adult
criminals are at risk of being coerced into gangs and of being physically and sexually abused.
           Remember, each case is unique, and as a result some of the steps may not be necessary in a
           particular case, or some additional steps may be added:

                      a matter can be reported by phone to the police or in person at the police station
                      if a person phones the police to inform them of a crime that was committed , the
           Police Service must send an official to the house to take down a statement from an adult, if
           present, regarding the crime;
                      a statement can only be taken from a child if a child reports that a crime has been
           committed. If possible a trained person should take down the child’s statement.
                      SAPS member must then refer the matter to a specially trained investigator from the
           Family Violence, Child Protection and Sexual Offences Unit.
                      the child must be interviewed with his or her parents present, unless the parent is a
           suspect.



           Procedure to follow when not satisfied about SAPS members behavior and
           service -

           1. Report your complaint within SAPS to the:

                   Local Station Commissioner
                   Provincial Head of a Component
                   Provincial Commissioner

           Commissioner : TA Mashigo
           Address : Metropolitan Building, Maitland Street, Bloemfontein
             Phone : 051-5076562
               Private x20501, Bloemfontein
             Fax : 051-5076500


(i)                    National Commissioner

           National Commissioner
           Mr Jackie Sello Selebi


           Mail:
           Private Bag X94, PRETORIA, 0001
           Street:
           Wachthuis, 7th Floor, 225 Pretorius Street, PRETORIA
           Tel:
           (012) 393 2874
           Fax:              (012) 393 1530

      2.           Report your complaints outside the borders of SAPS to:

(i)                    MEC for Public Safety, Security and Liaison


           Mr France Morule
        Mail:
        P O Box 119, BLOEMFONTEIN, 9300
        Street:
        Perm Building, 4th Floor, Maitland Street, BLOEMFONTEIN
        Tel:
        (051) 409 8849
        Fax:
        (051) 409 8864

(ii)              Independent Complaints Directorate –

        Provincial Director Mr. Kgamanyane


        Mail:
        Private Bag x20708, Bloemfontein, 9301

        Street:
        15 crn St Andrews and West Burger Streets, Standard Bank Building, Bloemfontein

        Tel:
        051-406 6800
        Fax:
        051-4308852

(iii)             Human Rights Commission

        Mail:
        Private Bag X2700, HOUGHTON, 2041
        Street:
        29 Princess of Wales Terrace, cnr. York and St. Andrews Street, Parktown,
        JOHANNESBURG
        Tel:
        (011) 484 8300
        Fax:
        (011) 484 7149


(iv)              Public Protector

        Public Protector
        Adv Mabedle Lawrence Mushwana


        Mail:
        Private Bag X677, PRETORIA, 0001
        Street:
        Hillcrest Office Park, 175 Lunnon Road, Hatfield, PRETORIA
        Tel:
       (012) 366 7072
       Fax:
       (012) 362 8918




(v)              Minister of Safety and Security – Minister Charles Nqakula

       Mail:
       Private Bag X463, PRETORIA, 0001
       Street:
       Wachthuis, 7th Floor, 231 Pretorius Street, PRETORIA
       Tel:
       (012) 393 2810/11
       Fax:
       (012) 393 2812


       Mail:
       Private Bag X9080, CAPE TOWN, 8000
       Street:
       9th Floor, Room 915, 120 Plein Street, CAPE TOWN
       Tel:
       (021) 467 7000
       Fax:
       (021) 467 7036

(vi)             President Thabo Mbeki

       Mail:
       Private Bag X1000, PRETORIA, 0001
       Street:
       Union Buildings, Government Avenue, PRETORIA
       Tel:
       (012) 300 5200
       Fax:
       (012) 323 8246


       Mail:
       Private Bag X1000, CAPE TOWN, 8000
       Street:
       Tuynhuys Building, 120 Plein Street, CAPE TOWN
       Tel:
       (021) 464 2100
       Fax:
       (021) 461 2838

								
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