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SAPS amendment bill

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Members of SAPS parade during Police Minister Bheki Cele's visit in Durban to enforce the lockdown. Photo: SANDILE NDLOVU

The Police Secretariat has invited the public to comment on the South African Police Service Amendment Bill following Cabinet approval and gazette publishing last week.

In a statement, the Secretariat said the draft Bill aims to amend the South African Police Service Act, 1995 (Act No. 68 of 1995) and establish a legal framework for policing aligned to the Constitution of the Republic of South Africa.

The draft also lays down principles in the 2030 National Development Plan to align the Act with the 2016 White Papers on Policing and on Safety and Security, as well as the Community Policing Policy and the Policy on a Single Police Service, in order to contribute to the effective and efficient combating of crime.

“The Constitutional Court judgment in the matter of the Helen Suzman Foundation v the President and Others and Glenister v the President and Others, found certain sections of the South African Police Service Act, 1995, unconstitutional and in the Mlungwana judgment, found provisions of the Regulation of Gatherings Act, 1993 (Act No. 205 of 1993) unconstitutional. The deletion of these sections and amendments to the last-mentioned Act are proposed to address the concerns raised by the Mlungwana judgment,” reads the statement.

The Bill provides for the establishment of the Intelligence Division of the Police Service in terms of the South African Police Service Act, 1995.

The Bill also provides for integrity testing of recruits to the Service, as well as lifestyle audits in respect of members of the Service and conflict of interest. The penalty for certain crimes relating to the abuse of police equipment is increased through the Bill.

The Civilian Secretariat for the Police Service Act, 2011 (Act No. 2 of 2011), and the White Paper on Policing necessitated the transfer of the provisions relating to community policing from the South African Police Service Act, 1995, to the Civilian Secretariat for Police Service Act, 2011.

All interested persons and organisations are invited to submit written comments on the draft Bill no later than 14 November 2020 by –

(i)  e-mail to: comments.bill@csp.gov.za

(ii) posting comments to:

Secretary for Police Service, for attention of Dr. PC Jacobs at:

Civilian Secretariat for Police Service
Private Bag X922,
Pretoria
0001

(iii) hand delivery at the Civilian Secretariat for Police Service at Van Erkom Building, Van Erkom Arcade, 7th Floor, 217 Pretorius Street, Pretoria.

Kindly provide the name, postal and e-mail address, telephone and fax number of the person or organisation submitting the comments.

Enquiries regarding access to a copy of the draft Bill may be made to Lornah Legomo at telephone no. (012) 393 4658 or by email lornah.legomo@csp.gov.za.

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