Members of the SAPS stationed at various police stations across the country often turn away our clients when they report crime and refuse to open a docket. Reasons given for refusal include the view that the case being reported is a civil case, the inability of the complainant to identify the suspect by name, failure to bring the suspect to the police station, or the perception that the crime isn’t serious enough. Such actions not only violate the rights of individuals seeking assistance but also undermine the principles of justice and accountability.
This refusal also goes against the principles outlined in National Instruction 3 of 2011, issued to members of the police by the SAPS National Commissioner and which governs the opening and registration of case dockets.
According to this national instruction, complainants or reporters of crime should be treated courteously, and a comprehensive affidavit must be taken from them. Furthermore, complainants should never be referred to another police station, even if the crime occurred outside the station’s boundaries. All complaints made by the public should receive immediate attention, and SAPS members who fail to comply with these guidelines are subject to disciplinary action.
No SAPS officer is allowed to deny service or refuse to open a case, a police officer does not have the authority to decide the merits of a case or complaint. Their role is to investigate and gather evidence, which is then forwarded to the National Directorate of Prosecution for a decision on prosecution.
If you find yourself in a situation where the police refuse to open a criminal case despite legitimate grounds for doing so, we recommend:
- Assert Your Rights: Clearly communicate your intention to open a criminal case. If the SAPS member assisting you refuses, clearly communicate to them that they are obligated to open a case in terms of National Instruction 3 of 2011. Seek assistance from the Station Commander if necessary, and if he/she refuses, tell them you are going to complain to the National Complaint Centre.
- Document Everything: Keep detailed records of all interactions with the police regarding your case, including dates, times, names of officers involved, and reasons provided for the refusal.
- Lodge a Complaint: lodge a complaint through the National Complaint Centre. They can be reached via telephone at 080 033 3177 or 0860264487, or via email at complaintsnodalpoint@saps.gov.za.
- Explore Legal Remedies: Depending on the circumstances, consider opening criminal complaints of defeating the ends of justice against the involved officers.
It is imperative that cluster commanders and station commanders ensure that officers who fail to comply with National Instruction 3 of 2011 face disciplinary action.
Your voice matters, and by speaking up against injustice, you contribute to a safer and more just society for all. By asserting your rights and holding law enforcement accountable, you play a crucial role in preserving justice and protecting our communities.