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Case Law Summary - Bachelor of Laws (LLB)
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- Bachelor of Laws (LLB)
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- University Of Mpumalanga (UMP)
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Chapter 3Participants in the criminal justice system
3.1 Introduction
All rights reserved. May not be reproduced in any form without permission from the publisher, except fair uses permitted under U.S. or applicable copyright law.
3.2 The structure and functions of the police service
3.3 The legal terminology used during the course of criminal proceedings
3.4 The National Prosecuting Authority
3.5 Judges and magistrates
3.6 Legal practitioners
3.7 Other participants in the criminal justice system
3.1 Introduction
The criminal justice system is administered by the State in the public interest. The South African
Police Service (SAPS), as an organ of State, has the statutory obligation to investigate offences
committed against members of the public and the duty to identify, arrest, interrogate and detain
criminal offenders.1 The National Prosecuting Authority (NPA) conducts the prosecution of the
charge(s) against an accused. The trial is presided over by a judicial officer – a district court
magistrate, a regional court magistrate, or a High Court judge. Where the accused is found guilty and
sentenced to a term of imprisonment, he or she is handed over to officials of the Department of
Correctional Services (previously called the ‘Prison Services’) tasked with the incarceration of
sentenced prisoners. Accused persons not released on bail, or on warning, may also be detained as
awaiting trial prisoners by the Department of Correctional Services.
3.2 The structure and functions of the police service
Copyright 2020. Oxford University Press Southern Africa.
The South African Police Service (SAPS) is, in theory, an independent arm of the State, managed by a
police commissioner appointed by the President and under the political control of the Minister of
Police. The structure and functions of the police service are set out in the South African Police Service
Act,2 read with sections 205 to 208 of the Constitution, 1996 (hereafter referred to as ‘the
Constitution’).3 In the Criminal Procedure Act,4 members of the police service are described either as
police officials or peace officers.5 The principal functions of SAPS are to maintain law and order,
prevent crime and investigate the commission of alleged offences against a victim.6 There is no
general legal duty on any member of the public to report a crime,7 although a police officer has a legal
duty to report an offence, otherwise he or she will be charged with assisting a perpetrator in avoiding
criminal prosecution.8 The reporting of a voluntary complaint must be made at a police station with the
necessary jurisdiction – the offence must have been committed within the geographical area for which
that police station is responsible.9 There are about 1 200 police stations in the country roughly divided
EBSCO Publishing : eBook Collection (EBSCOhost) - printed on 3/2/2023 6:06 AM via
AN: 2433587 ; Zakhele Hlophe, Kanagie Naidoo, Sandhiya Singh, Boyane Tshehla, Clement Marumoagae, Jameelah Omar, Anton Steynberg, Annette van der Merwe,
Constantine Theophilopoulos.; Criminal Procedure in South Africa 1e
Account: uctlib.main.ehost 60
, between the nine provinces. The number of police stations is not static and police stations may be
moved from one area to another where crime statistics indicate the greatest need.
The police service in each province is controlled by a provincial commissioner who reports directly
to the National Commissioner. The National Commissioner has his or her headquarters in Pretoria.
Generally, the police service is organised into a number of distinct division and management structures
but this organisational model may change from time to time depending on operational necessity. Each
division is controlled by a deputy national commissioner and assisted by a number of division
commissioners. The principal divisions of the police service at present consist of:
a) policing (responsible for combating crime)
b) crime detection (investigating and intelligence gathering)
c) asset and legal management (administration, supply and legal work)
d) management intervention (police accountability)
e) human resource management (hiring and training, etc.).
The Policing and Crime Detection Divisions are responsible for co-ordinating criminal control and
investigative procedures in South Africa,10 and work closely with prosecutors from the National
Prosecuting Authority. In addition, the Directorate for Priority Crime Investigation (DPCI or Hawks)
is a semi-independent directorate within the police service as defined in section 17C of the South
African Police Service Act.11 The Hawks are responsible for the combating, investigation and the
prevention of national priority crimes, such as serious organised crime, serious commercial crime and
corruption. The police service also includes a reserve division, or reserve police service, and its
members assist the police on a part-time basis to combat crime. Section 206(6) of the Constitution
provides for the establishment of an independent police complaints body, or Independent Police
Investigative Directorate (IPID), which must enjoy adequate structural and operational independence
from the police service in order to perform its primary oversight function.12
The ranking structure of the police service
Senior management commissioned officers:
• General (national commissioner)
• Lieutenant-general (deputy national/divisional or provincial commissioner)
• Major-general (assistant commissioner)
• Brigadier (director)
commissioned officers:
• Colonel (previously senior superintendent/may also be a station commander)
• Lieutenant-colonel (previously superintendent/may also be a station commander)
• Major (previously superintendent (2nd leg) unit commander)
• Captain (previously unit commander)
Non-commissioned officers:
• Warrant officer (inspector/investigating officer)
• Sergeant (investigating officer)
• Constable (ordinary police officer)
Police services are broadly structured into two branches:
• Plainclothes branch comprises designated detectives who investigate crime, secure evidence, co-operate with
the prosecuting authority in preparing a police docket for trial
• Uniformed branch is divided into proactive units (crime prevention patrol units) and reactive units (patrol
units responding to complainants)
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