Draft SAPS Amendment Bill drawn up

Draft SAPS Amendment Bill drawn up
06 Oct 2020

A draft bill designed to contribute to the effective and efficient combating of crime has been drawn up.

The civilian secretariat for police service published the Draft South African Police Service Amendment Bill in Government Gazette 43750 for comment.

Cabinet approved the draft bill in September 2020 for publication for comment.

According to the cabinet statement, the draft bill “provides, amongst others, a legal framework in the governance of the police service and the establishment of community-based neighbourhood forums. The Bill also takes into consideration the recommendations that came out of the Marikana Commission of Inquiry led by retired Judge Ian Farlam”.

The draft bill aims to amend the South African Police Service Act of 1995 in order to establish a legal framework for policing aligned to the Constitution of 1996, principles laid down in the National Development Plan 2030, to align the act with the White Paper on Policing of 2016, the White Paper on Safety and Security of 2016, the Community Policing Policy and the Policy on a Single Police Service, in order to contribute to the effective and efficient combating of crime.

The draft bill proposes to delete certain sections of the South African Police Service Act of 1995 that the Constitutional Court found to be unconstitutional.

It also seeks to amend certain provisions of the Regulation of Gatherings Act that the Court also found unconstitutional in the Mlungwana judgment.

The draft bill provides for the setting up of the Intelligence Division of the Police Service in terms of the South African Police Service Act of 1995.

The draft bill also provides for integrity testing of recruits to the Police Service as well as lifestyle audits in respect of members of the Service and conflict of interest.

The proposed legislation also seeks to increase the penalty for certain crimes relating to the abuse of police equipment.

Comment is invited within 45 days of the date of publication.

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(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)
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