Chapter 5
Related Sections
1
INTRODUCTION
2
Where does the law come from?
3
Constitutional law
4
Statute law
5
Common law
6
Customary law
7
How is a court decision or judgment made?
8
Kinds of law: criminal and civil
9
STRUCTURE OF THE COURTS
10
The Constitutional Court
11
The Supreme Court of Appeal
12
The High Courts
13
Magistrates’ Courts
14
Small Claims Court (SCCs)
15
The Labour Court
16
The Land Claims Court
17
Who works in the legal system?
18
TRIALS, APPEALS, AND REVIEWS
19
What is a trial?
20
What is an appeal?
21
What is a review?
22
SETTLING DISPUTES OUTSIDE OF COURT
23
Negotiation
24
Mediation
25
Arbitration
26
THE CRIMINAL COURTS AND CRIMINAL CASES
27
Criminal charges
28
Bail
29
Steps in a criminal court case
30
Dealing with organised crime: The Prevention of Organised Crime Act
31
The Child Justice System
32
POLICE
33
Powers of the police to question
34
Powers of the police to search and seize
35
Powers of the police to arrest
36
Reporting a case of police misconduct
37
Community Police Forums
38
THE CIVIL COURTS AND CIVIL CASES
39
Civil claims
40
Steps in a civil claim in a magistrate’s court
41
Small Claims Court (SCC)
42
Equality Courts
43
Interdicts
44
Spoliation orders
45
USING AN ATTORNEY
46
Responsibilities of attorneys
47
When do you need an attorney?
48
How to find an attorney
49
How to pay for an attorney
50
Applying for legal aid
51
Legal aid clinics
52
Justice centres
53
University Legal Aid Clinics
54
Advice centres
55
Legal Resources Centres
56
Attorneys’ Associations
57
PROBLEMS
58
Problem 1: Which court should be used in each example?
59
Problem 2: Claim is too large for the Small Claims Court (SCC)
60
Problem 3: How urgent is the need for an interdict?
61
Problem 4: Passing the Legal Aid means test
62
Problem 5: Appealing against the decision of a magistrate
63
Problem 6: Failing to obey a court order
64
Problem 7: Refusing to give your name or address to the police
65
Problem 8: Police shoot and injure while making an arrest
66
Problem 9: Your right to appear in court within 48 hours of arrest
67
Problem 10. Police misconduct
68
MODEL LETTERS
69
Letter of Demand for the Small Claims Court
70
CHECKLISTS
71
Checklist: Particulars to take if someone has received a summons
72
Checklist: Particulars to take if someone has already appeared in court on a criminal charge

Community Police Forums

The South African Police Service (SAPS) has adopted ‘community policing’ as
its basic philosophy for dealing with crime in communities. Community policing aims to bring the police and community together to solve problems of crime. The definition of community policing is: ‘a philosophy that guides police management styles and operational strategies and emphasises the establishment of police-community partnerships and a problem-solving approach in response to the needs of the community. By working together the SAPS hopes to make communities safer places to live in. This forms part of the National Crime Prevention Strategy, which has meant a shift from crime control to crime prevention. It also emphasises crime as a social problem rather than a security issue. The National Crime Prevention Strategy provides for a number of preventative programmes and underlying these is the basic policy of community policing.

Community policing requires the SAPS to focus on giving a good service, working in partnership with the community through the Community Police Forums and being accountable to the community.

FORMING COMMUNITY POLICE FORUMS (CPFs)

The CPF is a forum representative of organisations and groups in the community and local government that works with the police around issues of safety and security. The objectives of CPFs are to:

  • Promote communication and cooperation between the SAPS and the community
  • Improve the police services to the community
  • Improve the transparency and accountability of the SAPS to the community
  • Help with joint identification of problems and how to solve these


THE ROLE OF COMMUNITY POLICE FORUMS

A CPF should play the following roles:

  • To make sure that local police can explain to people what they are doing about crime in the area
  • To check on how well the police are using their resources in dealing with crime in the community
  • To monitor how well the police are doing their work in the community, for example, is it easy to find a police officer when you need one, are there always plenty of police visible at rallies and other mass events, do police patrol the streets, do police respond quickly when a crime has been reported, and so on
  • To enquire into local policing matters, for example, what are the main problems with crime in the community, are the police dealing with these issues effectively and are the police using their resources most effectively

THE CPF CONSTITUTION

The CPF should have a constitution that contains the standard elements of a constitution, including the mission of the CPF, how decisions are taken, voting, meetings and financial procedures, etc.

PARTNERSHIPS BETWEEN THE COMMUNITY AND THE POLICE

CPFs represent a partnership between the community and the police. These are the roles of each partner:

  • The police run the police station – although some Forum members may be trained to help with administration work
  • The community advises and helps the police and monitors their performance

A CPF may be consulted on these aspects of the day-to-day running of the police station:

  • New appointments to the station
  • Changes from foot patrols to bicycles or cars
  • Changes in how the police operate
  • Changes to the police station, including where new police stations should be built

LOCAL GOVERNMENT AND CPFS

Local government should work with CPFs and Area Community Police Boards to set priorities and objectives for the forum. CPFs should work with local government by:

  • Setting crime prevention strategies together and agreeing on how these will be carried out
  • Assisting with developing targeted social crime prevention programmes
  • Identifying flashpoints and crime patterns, communicating these to local government and the saps, and participating in problem-solving
  • Mobilising and organising community-based campaigns and activities, and the resources that are needed to keep them going
  • Facilitating regular attendance by local elected representatives at CPFs

The diagram below shows how the relationship between local government, community police forums and the SAPS should work. Relationships also need to be built with various other government departments for example, the various provincial social services departments.

FUNDING CPFS

Funding in part for the CPFs is made available from the Provincial Secretariat of Safety and Security. However, the majority of the funds have to be raised by the forum from local businesses or through holding fund-raising ventures. CPFs need money for various aspects of their work. For example, money to hire transport to bring people to workshops or to hire consultants to train members of the forum in how to mediate disputes.

CPFs are required to set up a Funding Foundation to manage the funds. The Funding Foundation is a Section 21 (not-for-profit) company that raises money for projects and manages the income and expenses of the forum. The Funding Foundation should have a separate board of trustees. The trustees can be chosen from community-based organisations, private businesses, religious groups, and so on. The CPF should appoint a professional auditor to audit the financial records every year.