‘THE POLICE WILL BE POLICED!’ SA FIRST FORUM CLAIMS VICTORY AFTER SAPS AGREES TO REVISE CONTROVERSIAL CIRCULAR
A controversial South African Police Service (SAPS) circular that sparked anger over the role of police in incidents involving foreign nationals is now being revised after legal pressure from the newly launched SA First Forum.
The forum says it made the SAPS circular its first legal target after raising concerns that the document could create confusion about when police officers should intervene in disputes involving communities and foreign nationals.
According to the forum, its legal team, Zuma and Partners, sent a letter of demand to SAPS calling for the circular to be withdrawn.
Now the police have responded.
In a letter addressed to Zuma and Partners, SAPS says it has “undertaken a process to revise the circular to clarify issues addressed in the original circular.”
The response follows a circular issued by the SAPS Divisional Commissioner: Visible Policing and Operations, titled “Operational Policy: Demands for Members of the South African Police Service to Accompany Private Organisers and/or Members of the Community to Target Foreign Nationals.”
The original circular reminded police members that private individuals and community organisations do not have the legal authority to identify, remove or take action against foreign nationals simply because they believe those individuals are legally or illegally in South Africa.
It further states that immigration enforcement falls primarily under the Department of Home Affairs and the Border Management Authority, while SAPS has a supporting role where its assistance is lawfully requested.
The circular says SAPS members may, among other duties, verify identities where there is a lawful basis, detect suspected immigration violations during policing operations, arrest where authorised by law, maintain public order and investigate related criminal offences.
But the SA First Forum says the wording and implications of the circular required legal scrutiny.
In its response, SAPS stressed that the circular was directed at police officials, rather than intended to define the rights of private individuals.
“The focus of the circular is therefore not on the rights of private persons, but on the responsibility of police officials to comply with their legal mandate,” the SAPS response states.
SAPS also reminded its members that police officials must perform their duties lawfully and reasonably, in accordance with their powers, duties and functions.
For the SA First Forum, however, the announcement that the circular is being revised is being celebrated as a major development.
The forum says its legal challenge was aimed at ensuring that police powers and responsibilities remain clear when dealing with community complaints involving foreign nationals.
“The police will be policed,” the forum declared, signalling that the battle over the controversial directive may be far from over.
The revision process could now determine whether SAPS changes the wording of the circular, withdraws parts of it or provides clearer instructions to police members on how to respond to community demands involving foreign nationals.
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