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You are at:Home»Uncategorized»How to lay a complaint of misconduct against a police officer
Uncategorized

How to lay a complaint of misconduct against a police officer

Busisiwe HohoBy Busisiwe HohoSeptember 2, 20101 Comment3 Mins Read
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If your complaint is about misconduct of the police, go to the police station and ask to speak to a senior officer or, if it is after hours, a superintendent.

If your complaint is about misconduct of the police, go to the police station and ask to speak to a senior officer or, if it is after hours, a superintendent.


• Explain what happened. Ask the person you are speaking to for an Occurrence Book (OB) number. This is an initial reference number that you can use later to find out how your case is proceeding.

• The senior officer will take down your statement, which will be sent to the administration office.
• The officer in charge of investigating complaints against the police will then contact you to interview you.

• Your file will be taken to the station manager who will read through it and decide if your case is genuine or not. If your case has merit, it will be investigated.

• Your complaint will be registered and you will be given a case number.
• A disciplinary officer and a presiding officer are then appointed to the case. They will investigate the case further and get statements from witnesses.

• Then there will be an internal hearing similar to a criminal court case.
•If you get no feedback from the officer who took down your statement within a week or you are dissatisfied, you can contact the Grahamstown station manager, Brigadier Morgan Govender. Be sure to make an appointment.

•If you still get no response from the police, contact the ICD in East London or get help from legal representatives or other bodies on the list provided on this page.

•When the ICD receives your case of misconduct, they will investigate it and make recommendations to the South African Police Service management.

*Misconduct means non-criminal actions by the police. ICD spokesperson Moses Dlamini says some criminal offences are seen as misconduct in terms of police disciplinary regulations. These include reckless driving, theft and malicious damage to property.

 

How to lay a criminal complaint against a police officer
• If your complaint is about a criminal offence like rape or murder by a police officer, you can either go to the police station as above, or contact the ICD/IPID directly.

• The ICD/IPID will allocate the case to an investigator who will look into what the police has done about the case.

• The ICD/IPID will then make recommendations to the Director of Public Prosecutions. These include disciplinary action or criminal prosecution to be taken against the guilty officer.

• A trial will follow where the officer will be found innocent or guilty depending on the evidence.

 

 

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Busisiwe Hoho

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