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Lodging complaint
against the SAPS
- Before you proceed to lodge a
complaint, please take note of the following:
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Listed below are the types of
complaints that are received by the ICD. Classes I, II and III complaints are, as far
as resources allow, actively investigated by the organization, while Class IV complaints
are referred to the SAFS for investigation under ICD supervision and monitoring. |
| 1.2 |
Should you have a serious
complaint or one that calls for a high level of confidentiality, it is recommended that
you approach the ICD office nearest to you to arrange an appointment. |
- Class I complaint – is one that alleges that a
death occurred while a person was in police custody or as a result of police action.
- Class II complaint – is one that is referred to the
ICD by the Minister or a Provincial Executive.
- Class III complaint – is one that alleges that a
member committed an offence listed below or that serious bodily injury requiring
in-patient hospital treatment occurred while a person was in police custody or as a result
of alleged police misconduct.
- Abuse of power that has a significant community impact in
terms of injuries caused; numbers of persons affected; amount of money involved; or period
of time during which it occurs.
- Arson
- Assault with intent to cause grievous bodily harm or
attempted murder
- Abduction
- Defeating the ends of justice
- Forgery or uttering a forged document knowing it to have
been forged of a value of R50 000 or greater
- Fraud
- Indecent assault
- Perjury
- Public violence
- Intimidation
- Kidnapping
- Malicious damage to property
- Participation in a criminal syndicate
- Possession of stolen property
- Rape
- Receiving of stolen property
- Robbery
- Corruption
- Sodomy
- Theft
- Torture
- Extortion
- Incitement, conspiracy or attempt to commit any of the
offences listed above
- Class IV complaint – is one that alleges that a
member committed an offence other than those listed above or misconduct that did not
result in either death or serious bodily injury to anyone.
- Class V complaint – A complaint outside the scope
of mandate or policy of the ICD.
- COMPLAINTS THAT ARE NOT ACCEPTED BY THE ICD
In order to avoid a duplication of services and efforts of
Government departments and to ensure the effective and efficient use of the limited
resources available to the ICD, the following policy guidelines have been determined :-
- Complaints which should more properly
be dealt with by another department or institution or which are already being dealt with
by another institution (except the SAPS);
- Complaints arising from incidents
which occurred prior to the opening of the ICD, on 1 April 1997;
- Complaints relating to incidents which
occurred more than 1 year prior to their being reported to ICD;
- Complaints which should more
appropriately be dealt with by another process or for which a more appropriate remedy
exists (eg. interdict, civil claim);
- Complaints relating to the
effectiveness of or the service provided by the SAPS or the management style or managerial
abilities of any member/s; unless such conduct amounts to a contravention of the SAPS
Disciplinary Regulations.
- Complaints relating primarily to the
conduct of persons other than members of the SAPS or of departments other than the SAPS;
- Allegations in which a critical
factual gap exists, rendering the likelihood of a successful conclusion unlikely (eg. no
or inadequate description of person/s or vehicle/s involved);
- Complaints of a frivolous / vexatious
/ tactical nature or those which seek to abuse the complaints system or to harass a
particular member;
- Complaints relating to misconduct
(contravening the SAPS internal regulations) where the complainant has not yet taken all
reasonable steps to request the appropriate level of SAPS management to remedy the problem
(eg. failure of SAPS investigator to make progress in investigating a complaint or to
report back to complainant on progress).
- Complaints directly or closely
associated with pending criminal proceedings except where the allegations, if true, might
lead to a withdrawal or of stopping of the prosecution.
- Complaints regarding court procedures
or outcomes.
- Complaints which do not impact upon
any member of the public and in which there is no compelling public interest requiring the
intervention of the ICD (eg. complaints of a less serious nature by SAPS members against
their colleagues / supervisors.
Matters of the kind referred to above may, however, be
accepted in exceptional, compelling circumstances, with the consent of a person of the
rank of Director or higher.
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