South African Police Service (SAPS) has reiterated that police officers are not permitted to refuse to open criminal cases, following growing complaints from members of the public.
The reminder comes amid concerns that some officers at police stations are turning away complainants — particularly in cases involving vulnerable groups such as women and children.
National Instruction Clearly Prohibits Refusal
According to SAPS guidelines, specifically National Instruction 3 of 2011, officers are legally required to assist any individual wishing to open a criminal case.
The instruction makes it clear that refusing to assist a complainant is a violation of official procedures and may result in disciplinary action.
Common Reasons for Refusal Rejected
Reports indicate that some officers have declined to open cases for reasons that are not legally valid. These include:
- The complainant cannot identify the suspect by name
- The suspect has not been brought to the station
- The crime occurred outside the station’s jurisdiction
- The officer considers the case “not serious enough”
- Complainants are told to resolve the matter privately
Authorities have stressed that none of these reasons justify refusing to register a case.
What the Law Requires
Under National Instruction 3 of 2011, SAPS members must:
- Engage with the complainant to determine whether a crime has been committed
- Take a full affidavit detailing the complaint
- Ensure that all complaints receive immediate attention
- Treat complainants with courtesy and respect
Importantly, police stations are not allowed to turn complainants away or refer them elsewhere, even if the incident took place in another area.
Role of Community Service Centres
The Community Service Centre (CSC) at each police station plays a central role in ensuring compliance.
CSC officials are responsible for making sure that every complaint is properly recorded and processed without unnecessary delays or barriers.
Disciplinary Action for Non-Compliance
Station and cluster commanders have been instructed to take disciplinary action against any officer who fails to comply with these requirements.
This includes instances where officers deliberately avoid opening cases or discourage complainants from proceeding.
Public Urged to Report Violations
Members of the public are encouraged to report any refusal by police officers to open a case.
SAPD has provided the following contact numbers for complaints:
- 0800 333 177
- 0860 264 487
Protecting Access to Justice
The notice serves as a reminder that access to justice begins with the ability to report a crime.
For many South Africans, particularly victims of gender-based violence and other serious offences, the first interaction with police can determine whether a case proceeds.
Authorities have urged citizens not to walk away if they are turned down, but to insist on their rights and escalate the matter where necessary.
