The police ministry on Tuesday announced that for the duration of the lockdown, the public could go to the nearest police station or the SAPS national service complaints centre to report officers behaving badly.
The high court ruled on May 15 that all people in SA were entitled to a number of rights which could not be suspended, even during the Covid-19 state of disaster. This was in response the death of Khosa, 41, who was allegedly beaten at his home in Alexandra, Gauteng, on April 10.
Guidelines subsequently issued on the enforcement of the state of disaster regulations state that “enforcement officers” would “treat all people fairly and respect their constitutional rights and dignity at all times, regardless of race, ethnicity, gender, culture, social standing, language or sexual orientation”.A person may be arrested or requested to accompany an enforcement officer to a police station.
If the offence is serious, the person may be detained but must be brought before a court as soon as reasonably possible, but not later than 48 hours after arrest. Bail can be applied for in court. On a less serious offence, a community service centre commander or SAPS member in charge must consider the release of a person on written warning to appear in court, after paying an admission of guilt fine , on bail, if the charge is withdrawn or no charge is brought against them.
“Please note that an enforcement officer may forcibly confine the body of the arrested person if the person does not submit to custody,” according to the guidelines.
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