According to recent media reports, some members of the South African Police Service (“the SAPS”) and members of the South African National Defence Force (“the Defence Force”) have, generally speaking, conducted themselves incompetently, inexpertly and unprofessionally during law enforcement operations during the COVID-19 pandemic.
Accordingly, all you SAPS members and Defence Force members, see how many points you score by answering the following quiz.
Where the phrase “state legal authority” is used in this quiz below, it means that one must state reference to the relevant law concerned.
1. According to section 200 of our Constitution, “the Defence Force must be structured and managed as a disciplined military force”. State the corresponding section in our Constitution in terms of which the SAPS must likewise be managed as a disciplined police service. (1)
2. State the relevant legal provision in terms of which a SAPS member is a peace officer (Afrikaans: “vredesbeampte”), as well as the legal provision where a Defence Force member is regarded as a peace officer (if this is in fact so). (2)
3. State briefly, with reference to legal authority, whether the following statements are true or false:
3.1 The Defence Force is, legally speaking, NOT allowed to investigate crime - irrespective of whether or not the Force is employed in cooperation with the South African Police Service.
3.2 The same, as in paragraph 3.1 supra, applies to the Military Police.
3.3 In section 20(1)(d) of the Defence Act 42 of 2002, reference is made to sections 9 and 41 of the previous, now REPEALED, Arms and Ammunition Act 75 of 1969. So what now?
3.4 In section 13(8) of the SAPS Act 68 of 1995 which is referred to in section 20(1)(a) of the Defence Act 42 of 2002, mention is made of our previous, now REPEALED, so-called interim Constitution of the RSA 200 of 1993. So what now?
3.5 Complaints against (only) members of the SAPS are to be made with the Independent Police Investigative Directorate (IPID), while complaints against Defence Force members are to be made at the offices of the …. … (fill in) established in terms of the …. …Act … of … (fill in). (10)
4. Whenever a Defence Force member is, in terms of section 20(1) of the Defence Act 42 of 2002, utilised for the execution of services in cooperation with the SAPS, such Defence Force member has the same powers and duties as those imposed upon a SAPS member by virtue of certain specified legal provisions.