Question NW270 to the Minister of Police

Reply:

(1) As a general rule the South African Police Service does not appoint and/or employ persons who have criminal records. Regulation 11(1)(a)(xii) of the South African Police Service Regulations dictates that a person who applies to be appointed as a (permanent) member must have no previous criminal convictions and such person shall allow his or her fingerprints to be taken and allow background enquiries to be made.

Clause 9(1)(a)(xvii) of National Instruction 3 of 2014 (The Reserve Police Service) has a similar provision in respect of the appointment of a reservist which states that a candidate must not have a criminal record or any criminal or departmental cases pending against him or her.

(2)(a)(b) In terms of the provisions of regulation 11 of the South African Police Service Regulations (that applies to the appointment of permanent members) as well as clause 9 of National Instruction 3 of 2014 (that applies to the appointment of reservists) the National Commissioner does have the discretion to, in exceptional circumstances, waive the requirement and to employ a member/reservist with a criminal record. This discretion is exercised in limited circumstances, depending on the type of criminal record as well as taking the interest of the Service into consideration.

(2)(i) It is not possible to give an exact number of members employed by the South African Police Service that actually have criminal records as this number constantly fluctuates, based on acquittal on appeal, expungement, etc.

(2)(ii) The South African Police Service has taken steps to address this matter. In terms of Project 1448, serving members with criminal records have been subjected to Boards of Fitness in terms of section 34 of the South African Police Service Act, 1995.

However, during the implementation of the said project a Labour Court interdict was obtained, barring the Service from finalizing this process. The crux of the Labour Court ruling was that serving members cannot be subjected to a Board of Fitness for criminal convictions which have occurred many years ago and no steps or steps that did not lead to dismissal were taken at the time.

The Service is committed to enforce integrity checks on prospective applicants. Members who acquire criminal convictions whilst in service are subjected to the institution of disciplinary steps as regulation 20(z) of the South African Police Service Discipline Regulations dictates that an employee who commits a common law or statutory offence is guilty of misconduct.

 

A formal misconduct hearing will then be convened and depending on the circumstances relating to the misconduct an appropriate sanction will be imposed on the employee, which might include dismissal in instances of serious misconduct.

Moving forward, SAPS Management is committed to deal swiftly and decisively with members who acquire criminal convictions through the rigid application of the disciplinary code. The cases of members who acquired criminal convictions in the past (and who were subjected to the now defunct Boards of Fitness) will be scrutinized on a case by case basis in order to take appropriate steps (including possible dismissals), but applying the law as pronounced upon in the Labour Court judgment.

(3) A statement will be made in this regard once the current initiatives that are embarked upon have been concluded and tangible results can be pronounced upon.