36/1/4/1/201300043
NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION NO 265
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 1 MARCH 2013
(INTERNAL QUESTION PAPER NO 4-2013)
Date reply: 16 April 2013
265. Ms D Kohler-Barnard (DA) to ask the Minister of Police:
Whether any disciplinary action is taken against SA Police Service members
who make unlawful arrests; if not, why not; if so, what (a) is the detailed
process of such disciplinary action and (b) sanctions does a guilty verdict
call for?
NW340E
REPLY:
Yes. Members who effect unlawful arrests are subjected to disciplinary
action. This category of misconduct is not categorised for purposes of
statistical reporting. These categories of misconduct are classified under
failure to comply with prescripts and members prejudicing the
administration, discipline or efficiency of the SAPS.
(a) The detailed process followed is provided for in the SAPS Discipline
Regulations, 2006
(b) Sanctions passed in a guilty verdict, depends on the presiding
officerâs analysis of the evidence tendered. Each and every case will
direct sanctions based on merits.
Reply to question 265 approved by the Minister