Functions of Law Enforcement Agencies in South Africa

Responsibilities for enforcing laws and codes are generally divided among different jurisdictions, depending on the nature and severity of the problem. Initial investigations may commence with the supervisory authority, but may be referred to an enforcement authority if it has been determined that enforcement is necessary. For example, potential criminal cases discovered during a routine audit may be referred to the judiciary. If law enforcement decides to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing the verdict if the accused is convicted. Regulators generally have the authority to enforce the regulations they issue. They can punish those found guilty of breaking the rules and, depending on the system, impose fines or recommend prosecution. Continuing wrongdoing in elections is an essential part of law enforcement. It tells those who are interested in manipulating or corrupting the process that it will not be tolerated and that those who act illegally will be punished. The role of the prosecutor in preserving the integrity of elections is as follows: with the rise and subsequent elections of the National Conservative Party in 1948, the new government began to pass laws that allowed for a closer relationship between the police and the military. There were moves to militarize the police, and the SAP was heavily armed, largely because of its interactions with crowds seen as unruly and hostile. The Police Act (No. 7) of 1958 regulated the tasks of the police.

More importantly, section 5 (now repealed) of the Act read as follows: In South Africa, law enforcement agencies fall under the jurisdiction of the Police Department. The Chief of the National Police reports directly to the Minister of Police. The investigation report, evidence and findings are used by law enforcement agencies to decide whether or not to initiate civil or criminal proceedings against a person or group of people. This role may be performed by a law enforcement agency or a specialized election investigative body. In Canada, for example, this role is performed by a special advocate who reports to the Commissioner of Canadian Elections. In New Zealand, it is the police. For more information, see Surveys. Law enforcement in South Africa is primarily the responsibility of the South African Police Service (SAPS), South Africa`s national police force.

The SAPS is responsible for investigating crime and security throughout the country. The “National Police Force is essential to the security of South African citizens” and was established in accordance with the provisions of Article 205 of the South African Constitution. [1] “The tasks of the South African Police Force are: (a) to ensure the internal security of the Republic; (b) the maintenance of law and order; (c) the investigation of a criminal offence or an alleged criminal offence; and (d) crime prevention. [10]– Police Act (No. 7), § 5 Effective enforcement requires a functioning legal system and respect for the rule of law. An important factor in maintaining integrity in law enforcement is the independence of the judiciary, as it should be conducted in a fair, equitable and impartial manner. In countries where the criminal justice system is inadequate, a body, such as an electoral tribunal, may have the power to enforce violations of electoral law. Some municipalities also have their own municipal police units, which are primarily responsible for traffic policing and enforcing municipal ordinances. The municipal police have fewer powers than the South African police and do not investigate serious crimes. [14] Municipal police exist in a number of major cities, including Cape Town, Johannesburg, and Durban. After the formation of the Union of South Africa, the Union inherited the Cape Colonial Forces, but replaced this agency with the Union Defence Forces in 1912 with the passage of the Defence Act (No. 13 of 1912). As this force was mainly used as a standing army, the Union required the formation of a formal police authority.

In 1913, the South African Police Force (SAP) was established by Proclamation 18 to act as the national police and law enforcement agency in South Africa. [8] The SAP was a merger of the four police forces of the colonies (Cape, Natal, Orange, Transvaal). [9] Originally, it only monitored urban areas and cities, while the South African Mounted Rifleman (part of the Union Defence Force) monitored rural areas. After world War I, the SAP took over the role of the later disbanded riflemen and had the task of monitoring the vast territory of the Union. [9] SAP was also responsible for overseeing South West Africa, which was under the control of the South African government. [9] SAPS is South Africa`s leading law enforcement agency and its vision of SAPS is to create a safe environment for all South Africans. The mission of the SAPS is to: prevent and combat crimes that may threaten the safety of a community; investigate all crimes that threaten the safety of a community; ensure that perpetrators are brought to justice; and participate in efforts to address the root causes of crime.