36/1/4/1/201100165
NATIONAL COUNCIL OF PROVINCES
FOR WRITTEN REPLY
QUESTION NO 315
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 AUGUST 2011
(INTERNAL QUESTION PAPER NO 24- 2011)
Date reply submitted: 06 September 2011
315. Mr M W Makhubela (COPE-Limpopo) to ask the Minister of Police:
Whether, following his call for harsher punishment for police officers who
are found to be in contravention of the law compared to ordinary criminals
as reported in the media (name furnished) on 9 August 2011, he will
implement a system of separate punishment for such officers; if not, why
not; if so, what are the relevant details?
CW404E
REPLY:
The Minister of Police is not responsible for the punishment of persons who
have contravened the laws of South Africa. That is the responsibility of
the courts, which, for purposes of sentencing, have to take into
consideration all aggravating circumstances, including a position of
authority and/or trust which is held by a police official. The courts do
not have a separate system of punishment for police officials who
contravene the law. The SAPS is only responsible for sentences which can be
imposed for misconduct in terms of the SAPS Disciplinary Regulations, 2006.
The law, does, however, recognize that offences committed by police
officers require a harsher sentencing regime. It needs to be noted, for
example that the Criminal Law Amendment Act, No. 105 of 1997 provides in
section 51 for minimum sentences for certain serious offences. Part II of
Schedule 2 of the Act provides for sentences up to 25 years imprisonment
for certain offences if, inter alia, it is proved that the offence was
committed by any law enforcement officer where more than R 10 000,00 is
involved or where the law enforcement officer committed the crime as a
member of a group of persons, syndicate or enterprise acting in the
execution or furtherance of a common purpose or conspiracy.
As indicated in the relevant Media Statement, the commission of offences,
in particular offences involving dishonesty by police officers is regarded
as despicable and the South African Police Service must do what is
necessary in order to ensure that the full measure of justice meet
officials involved in crime, including, where applicable investigations by
the Independent Complaints Directorate, proper investigations by the South
African Police Service and at the same time the application of the
Disciplinary Regulations against police officers who contravene the law.
Reply to question 315 approved by the Minister