How to Complain About SAPS Poor Service Delivery
Complain to the ICD
What is the ICD
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It is a government department that was established in Aprl 1997 to investigate
complaints of brutality, criminality and misconduct against members of the
South African Police Service (SAPS), and the Municipal Police Service (MPS).
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It operates independently from the SAPS in the effective and efficient
investigation of alleged misconduct and criminality by SAPS/MPS members. Its
mission is to promote proper police conduct.
What can the ICD do for you
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The ICD investigates the following:
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Deaths of persons in police custody or as a result of police action (such as
shooting, assault).
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The involvement of SAPS members in criminal activities such as assault, theft,
corruption, robbery, rape and any other criminal offences.
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Police conduct or behaviour which is prohibited in terms of the SAPS Standing
Orders or Police Regulations, such as neglect of duties or failure to comply
with the police Code of Conduct.
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Dissatisfaction/complaints about poor service delivered by the police.
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Failure to assist or protect victims of domestic violence as required by the
Domestic Violence Act (DVA).
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Misconduct or offences committed by members of the Municipal Police Services
(MPS).
Lodging a complaint against SAPS
Listed below are the types of complaints that are received by the Independent
Complaints Directorate (ICD):
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Classes I, II and III complaints are, as far as resources allow, actively
investigated by the organization,
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Class IV complaints are referred to the SAFS for investigation under ICD
supervision and monitoring.
Should you have a serious complaint or one that calls for a high level of
confidentiality, it is recommended that you approach the ICD office nearest to
you to arrange an appointment.
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Class I complaint – is one that alleges that a death occurred while a person
was in police custody or as a result of police action.
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Class II complaint – is one that is referred to the ICD by the Minister or a
Provincial Executive.
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Class III complaint – is one that alleges that a member committed an offence
listed below or that serious bodily injury requiring in-patient hospital
treatment occurred while a person was in police custody or as a result of
alleged police misconduct.
Abuse of power that has a significant community impact in terms of injuries
caused; numbers of persons affected; amount of money involved; or period of
time during which it occurs.
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Assault with intent to cause grievous bodily harm or attempted murder
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Defeating the ends of justice
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Forgery or uttering a forged document knowing it to have been forged of a value
of R50 000 or greater
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Malicious damage to property
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Participation in a criminal syndicate
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Possession of stolen property
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Receiving of stolen property
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Incitement, conspiracy or attempt to commit any of the offences listed above
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Class IV complaint – is one that alleges that a member committed an offence
other than those listed above or misconduct that did not result in either death
or serious bodily injury to anyone.
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Class V complaint – A complaint outside the scope of mandate or policy of the
ICD.
A complaint may be e-mailed OR faxed to the ICD
Mpumalanga Office: Acting Provincial Head:
Mariaan Geerdts
2nd Floor Nedbank Centre
48 Brown Street
Nelspruit
Private Bag X11325
Nelspruit
1200 1200
Tel: (013) 754 1000
Fax: (013) 752 2602
e-mail: icdpta@icd.pww.gov.za
Complaints that are not accepted by the ICD
In order to avoid a duplication of services and efforts of Government
departments and to ensure the effective and efficient use of the limited
resources available to the ICD, the following policy guidelines have been
determined:
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Complaints which should more properly be dealt with by another department or
institution or which are already being dealt with by another institution
(except the SAPS);
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Complaints arising from incidents which occurred prior to the opening of the
ICD, on 1 April 1997;
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Complaints relating to incidents which occurred more than 1 year prior to their
being reported to ICD;
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Complaints which should more appropriately be dealt with by another process or
for which a more appropriate remedy exists (eg. interdict, civil claim);
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Complaints relating to the effectiveness of or the service provided by the SAPS
or the management style or managerial abilities of any member/s, unless such
conduct amounts to a contravention of the SAPS Disciplinary Regulations;
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Complaints relating primarily to the conduct of persons other than members of
the SAPS or of departments other than the SAPS;
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Allegations in which a critical factual gap exists, rendering the likelihood of
a successful conclusion unlikely (eg. no or inadequate description of person/s
or vehicle/s involved);
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Complaints of a frivolous / vexatious / tactical nature or those which seek to
abuse the complaints system or to harass a particular member;
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Complaints relating to misconduct (contravening the SAPS internal regulations)
where the complainant has not yet taken all reasonable steps to request the
appropriate level of SAPS management to remedy the problem (eg. failure of SAPS
investigator to make progress in investigating a complaint or to report back to
complainant on progress);
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Complaints directly or closely associated with pending criminal proceedings
except where the allegations, if true, might lead to a withdrawal or of
stopping of the prosecution;
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Complaints regarding court procedures or outcomes;
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Complaints which do not impact upon any member of the public and in which there
is no compelling public interest requiring the intervention of the ICD (eg.
complaints of a less serious nature by SAPS members against their colleagues /
supervisors;
Matters of the kind referred to above may, however, be accepted in exceptional,
compelling circumstances, with the consent of a person of the rank of Director
or higher.
Compliment towards a SAPS member
If you wish to compliment a member of the SAPS for the excellent manner in which
he/she may have conducted his/her official duty, fill in the form below and
e-mail it to: nmanne@icd.pwv.gov.za
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