What to do when police refuse to open a case for you
Members of the public should report when SAPS members refuse to open a case for them.
The office shared information to assist South Africans to know their rights as complainants who seek to report a criminal case.
The refusal by SAPS members to assist complainants to open criminal dockets in terms of national instruction 3 of 2011;
It has been reported that members stationed at various police stations are refusing to open cases involving women and children due to the following reasons:
• If the complainant cannot identify the suspect by name
• The complainant did not bring the suspect to the police station
• The crime did not occur within the station’s boundaries
• The member who is attending to the complainant does not think that it is serious enough
• Complainants are told to resolve the dispute with the suspect
National instruction of 2011 regulates the opening and registration of case dockets;
• Section one of the national instruction, a member who receives the complaint must interview the complainant to see if the complaint meets the requirement for that specific crime.
• According to section two, complainants must never be referred to another police station even if the crime was committed in another police station area.
The community service centre is responsible for ensuring that;
• Complainants or reporters of crime, whether the crime was committed in his or her station area or the station area of another police station, are treated courteously and that a comprehensive affidavit is taken from the complainant or report of a crime.
• Complainants or reporters of crime are not referred to another station to lodge complaints of crime.
• All complaints or reports made by the public receive immediate attention.
• Cluster commanders and station commanders must ensure that all members who do not comply with National Instruction 3 of 2011 are subjected to disciplinary steps.
Members of the public should report when SAPS members refuse to open a case for them.
SAPS national complaint centre may be contacted on 080 033 3177 or 086 026 4487, alternatively, on 012 393 5452 or via email on complaintsnodalpoint@saps.gov.za
