National Instruction 3 of 2011: Registration of Case Dockets on the Crime Administration System (CAS).
National Instruction 13 of 2016: Duties of a Station Commander.
Receiving of a complaint and opening a case docket
(1) When a crime or alleged crime is reported at a police station or to a member on patrol attending to complaints, irrespective of whether the crime was committed in the station area of that police station or the station area of another police station, the member receiving the report must –
(a) interview the complainant (reporter) and, by using the Definitions of Crime Manual as a guideline, ensure that what is alleged to have happened does indeed constitute a crime and if so, take down an affidavit depicting all the elements of the crime and describe in detail what happened by utilising the ‘what’, ‘when’, ‘who’, ‘where’, ‘why’, and ‘how’ principles;
(b) open a case docket (SAPS 3M) and complete it; and
(c) hand over the completed case docket (SAPS 3M) to the Community Service Centre Commander for perusal and registration on CAS.
(2) Complainants or reporters of crime must never be referred to another police station to report a crime, even if the crime was committed in another police station area.
Extract National Instruction 3/2011
4.1 Complainants or reporters of crime, whether the crime was committed in his/her station area or in the station area of another police station, are treated courteously and that a comprehensive affidavit is taken from the complainant or report of crime;
4.2 Complainants or reporters of crime are not referred to another station to lodge complaints of crime;
4.3 All complaints or reports made by the public receive immediate attention.
5. Cluster Commanders and Station Commanders must ensure that all members who do not comply with National Instruction 3 of 2011 are subjected to disciplinary steps.
Members of Public – Please Report if SAPS members refuse to open a case for you:
SAPS National Complaint Centre:
Tel: 080 033 3177 or 0860264487
Fax: (012) 393-5452
E-Mail:complaintsnodalpoint@saps.gov.za
Reporting a Crime
This service is provided to any person who is a victim of crime. To report a crime is free of charge and all the necessary documentation will be completed by a police official.
A case docket will be opened and the crime will be investigated, effect the arrest of suspects and present the case to the courts for prosecution.
When you have been a victim of crime, you can contact the police by dialing 10111 in case of an emergency or going to your nearest police station to report the crime.
If police officials attend the crime scene, they will
- Obtain a statement from you and witnesses if possible.
- The police official will register the case in the SAPS Crime Administration System (CAS) at the police station.
- The complainant will receive a CAS number via SMS or telephonic that needs to be kept as reference for future enquiries regarding the criminal case.
If you visit the local police station to report a crime, you will be attended to in the Community Service Centre by a police official.
The police official will first interview you and then
- Take a statement from you.
- The reported crime will be registered in the CAS.
- You will be given a CAS number which must be used for all enquiries regarding the reported criminal case.
- The completed case docket is allocated to a police detective who will carry out the investigation. All enquiries can be directed to the detective.
The detective in charge of the particular case will complete the investigation and present the docket to the relevant court for prosecution.
The detective will keep you informed of any progress including when to attend the court hearings.
Some definitions of criminal activity
The South African Police Service (SAPS) define criminal cases as found in either the common or that are defined in terms of the Criminal Procedure Act, 1977 (Act 51 of 1977).1 While hundreds of crime definitions exist, the SAPS release crime statistics for what are considered as the most serious crime categories. The figures produced within many of these crime categories consist of different types of crime. The SAPS use the following crime categories to release statistics on crime that is reported to them.
Definitions extracted from the SAPS Crime Definition Manual, drafted by SAPS. The full reference is SAPS (2012), Crime Definitions to be utilized by police officials for purposes of the opening of case dockets and the registration thereof on the Crime Administration System, V.001, Issued by Consolidation Notice 2/2012, Pretoria.
National Instruction 3/2011: – Provides the crime definitions to be utilised by police officials for purposes of the opening of case dockets and the registration thereof on the Crime Administration System (CAS)/Investigation Case Docket Management System (ICDMS).
Murder consists in the unlawful and intentional killing of another human being.
Attempted Murder consists in the commission of an unlawful act with the intention of killing another human being but which does not result in the death of that human being.
Sexual Offences: This category of crime replaces the former categories of rape and indecent assault. The new definition is contained in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, Act 32 of 2007. This broad crime category includes over 50 crime types relating to violence sexual crimes, sexual exploitation, sexual grooming, trafficking and pornography.
Common Assault is the unlawful and intentional –
a) Direct and indirect application of force to the body of another person, or
b) Threat of application of immediate personal violence to another, in circumstances in which the threatened person is prevailed upon to believe that the person who is threatening him has the intention and power to carry out his threat.
Note: The act may consist in the direct or indirect application of force or threats of force decisive factor is the use of force or violence.
Assault with the intent inflict Grievous Bodily Harm is the unlawful and intentional direct or indirect application of force to the body of another person with the intention of causing grievous bodily harm to that person. Note: The victim does not need to sustain serious injuries. The decisive element is the intention to cause serious injuries.
Common Robbery is the unlawful and intentional forceful removal and appropriation of movable tangible property belonging to another. Note: The decisive factor is the use of force or violence. Incidents of robbery (including business and house robbery) are classified as common robbery if no weapon is used.
Robbery with aggravating circumstances is a broad category that includes cases of the unlawful and intentional forceful removal and appropriation in aggravating circumstances of movable tangible property belonging to another. Note: Robbery cases are included in this category if any weapon, not restricted to a firearm, was used to commit the crime. The SAPS provide statistics for the following sub-categories of aggravated robbery:
• Robbery of a motor vehicle or “hijacking” is the unlawful and intentional forceful removal and appropriation of a motor vehicle (excluding a truck and a light delivery vehicle) belonging to another.
• Robbery of a truck is the unlawful and intentional forceful removal and appropriation of a truck (excluding a light delivery vehicle) belonging to another.
• Cash-in-transit robbery is the unlawful and intentional forceful removal and appropriation of money or containers for the conveyance of money, belonging to another while such money or containers for the conveyance of money are being transported by a security company on behalf of the owner thereof.
• Bank Robbery is the unlawful and intentional forceful removal and appropriation of money from a bank during office hours.
• Business robbery is the unlawful and intentional forceful removal and appropriation of property from the business of another person.
• House robbery is the unlawful and intentional forceful removal and appropriationof property from the residential premises of another person.
Arson is the unlawful and intentional damaging of an immovable structure which is suitable for human occupation or the storing of goods and which belongs to another, by setting fire to it with the intention to prejudice another.
Malicious damage to property consists in the unlawful and intentional damaging of property belonging to another.
Burglary at residential premises: Also refered to as “housebreaking” is a crime committed by a person who unlawfully and intentionally breaks into a building or similar structure, used for human habitation, with the intention to commit a crime on the premises.
Burglary at non-residential premises: is a crime committed by a person who unlawfully and intentionally breaks into a building or similar structure, which is not used for human habitation and does not form part of residential premises, with the intention to commit a crime on the premises.
Shoplifting consists of stealing an article for sale from a self-service shop during trading hours.
Theft of motor vehicle and motorcycle consists of the stealing of a motor vehicle or motorcycle
belonging to another person.
Theft out of or from motor vehicle consists of the unlawful and intentional removal of parts, accessories or equipment, that form part of a motor vehicle, or articles in or on the vehicle.
Stock-theft consists of the stealing of stock or produce belonging to another person
Culpable Homicide consists of the unlawful, negligent causing of death of another human being.
Crimen Iniuria is the unlawful intentional serious infringement of the dignity or privacy of another person.
Public violence is the unlawful and intentional commission, together with a number of people, of an act or acts and which are intended forcibly to disturb public peace and tranquillity or to invade the rights of others.
PROCESS FLOW FOR HANDLING CASES
Registration on CAS/ICDMS: – The information captured in the docket is registered on CAS/ICDMS; – A case number is automatically generated by CAS/ICDMS; & – The CSC Commander again checks the correctness and completeness of crime data on CAS/ICDMS against the information in the case docket.
The purpose of the National Instruction is to ensure that every case docket and enquiry that is opened for investigation is immediately registered on CAS by utilizing the SAPS Definitions of Crime Manual and as well as the SAPS Counting Rules on Crime of the South African Police Service. Failure to comply with the National Instruction is a disciplinary offence. The National Instruction must even be complied with at stations that do not have access to the CAS – at these stations reported crime must be registered in the Crime Register and the same procedure with the necessary amendments must be complied with.
1. In summary, the National Instruction clearly details the processes that must be followed by each station:
1 .1. When a crime is reported at a police station or to a member on patrol, irrespective where the crime was committed, the member receiving the report must –
1.1.1. interview the complainant and , using the Definitions of Crime Manual, ensure that what is alleged to have happened constitutes a crime and if so, take down an affidavit depicting a ll the elements of the crime and describe in detail what happened by utilizing the “what”, “when”, “who”, “where”, “why”, and “how principles;
1.1.2. open a case docket and complete it; and
1.1.3. hand over the completed case docket to the Community Service Centre (CSC) Commander for perusal and registration on CAS.
1.2. The CSC Commander is responsible for the performance of all duties of the CSC and must ensure that inter alia a comprehensive affidavit is taken, complainants are not referred to another station and all reports must receive immediate attention. The CSC Commander must, with regard to the opening , compilation, investigation and transfer of case dockets, inspect and peruse all newly reported case dockets to personally verify that
1.2.1. a comprehensive and complete affidavit, depicting the detailed circumstances of the crime and all the elements of the crime is included in the docket;
1.2.2. the correct crime code is recorded on the case docket and utilising the Counting Rules on Crime to determine how many and what charges should be registered on CAS; and
1. 2 .3. the relevant columns of the SAPS 6 Checklist were properly completed and must certify the correctness thereof by placing his or her signature on the appropriate space of the checklist.
1.3. The CSC Commander must further ensure that
1.3.1. the contents of the complete docket is electronically scanned on the E-Docket system;
1.3.2. the information relating to the case has been correctly captured on CAS;
1.3.3. complete and detailed information regarding the circumstances of the crime have been correctly captured on CAS;
1.3.4. the case docket has been transferred on CAS to the detective service for further investigation;
1.3 .5. that a member of the detective service acknowledged receipt for the docket on CAS;
1.3.6. a case docket that must be registered and investigated at another police station is, as soon as reasonably possible, transferred physically and on CAS to that station;
1.3.7. if the CAS is offline or not in operation, all newly reported case dockets are recorded manual ly on a SAPS 441 form, so that the information recorded on the SAPS 441 form can be captured on CAS when CAS becomes operational; and
1.3.8. ensure that the case docket is handed over to the data typist or member responsible for the capturing of case dockets on CAS and that the member or data typist is informed what and how many charges to capture on CAS.
1 .4 . The Detective Service Centre (DSC) Commander has the responsibility to ensure that
1.4.1. all newly reported case dockets are effectively and efficiently investigated;
1.4. 2. all newly reported case dockets are collected or received timeously from the CSC and that receipt for these case dockets are acknowledged on CAS;
1.4.3 . he or she inspects the case dockets personally and provide guidance with the investigation by writing detailed instructions in the investigation diary;
1.4.4 . he or she allocates the dockets to detectives performing duties in the D S C, for immediate investigation;
1.4.5. all crime scenes are immediately visited and that proper investigation and enquiries are conducted on and in the immediate vicinity of the crime scene;
1.4.6. the affidavit of a complainant, victim and witness is obtained;
1.4.7. known suspects are traced and apprehended and that concerted efforts are made to identified and trace unknown suspects;
1.4.8. all possible steps are taken to complete the investigation of newly reported case dockets during the tour of his/her duty;
1.4.9. all case dockets on which the investigation was fully completed and on which there is no further investigation, are physically closed off and correctly adjudicated on CAS;
1.4.10. all other case dockets that require further investigation are immediately and not longer than twenty-four (24) hours transferred to and handed over to the Detective Service Commander for allocation to detectives; and
1.4.11. detailed crime reports are compiled on all serious or sensational reported crimes, that the crime reports are immediately forwarded to the relevant Provincial Nodal Point or War Room and that a copy of the crime report is filed under the “B” clip of the case docket.
1.5. The Management Information Official (MIO) is responsible for the daily CAS audits and the verification of the information captured on CAS with the information contained in the physical case docket. He or she performs these duties under the direct command of his or her Station Commander. In terms of the National Instruction, the MIO must
1.5.1 . conduct daily CAS audits by utilising the “Daily CAS Audit” proforma form;
1.5.2. verify the information contained in the case docket with the information captured on CAS for correctness and if necessary effect the necessary changes;
1.5.3. ensure that case dockets that were transferred to and from other stations are transferred, received and acknowledged on CAS;
1.5.4. provide the daily CAS audit report to the station commander for discussion and rectification during Station Crime Combating Forum (SCCF) meetings; and
1.5.5. ensure the data integrity of CAS by continuous checking, auditing, updating and rectification of information on the system.
1.6. The Crime Information Official (CIO) is responsible for the daily management, collection, analyzing and interpretation of crime information in the station area. This official should be the “crime expert” of the station and therefore always be knowledgeable about the “what”, “where”, “when”, “why”, “who” and “how aspects of each priority crime category reported in the station area. The CIO must
1.6.1 . conduct daily case docket analyses and systems audit to collect information regarding reported crime;
17.6.2. compile a Crime Pattern Analysis and Crime Threat Analysis on the reported crimes;
1.6.3. ensure that all crimes are mapped on either the geographic information system (GIS) or a municipal map , in the latter case, with pins or with a marker pen on plastic sheets covering the maps;
1.6.4. ensure that the matrix (spread sheet) linked to the GIS is completed for each identified priority crime of the station. The National Instruction emphasizes that the matrix (spreadsheet) on the GIS should not only be used to link cases, but that it also contains useful operational information for the purposes of crime prevention;
1.6.5. ensure that a complete and correct map of crime is always available on the GIS and to report any problems/mistakes immediately to the station commander;
1.6.6. identify flashpoints or hot spots in the station area on each category of crime; and
1.6.7. establish the relationship between the flashpoints or hot spots and certain geographical features (e.g. highways, open areas or patches of veld, the location of train stations, taxi-ranks, shebeens, taverns, nightclubs, etc.).
1.6.8. (4) The CIO also must do field work and this includes —
1.6.8.1. visiting flashpoints or hot spots at peak times of occurrence of identified crimes to identify environmental factors (both physical and social) that may cause or be conclusive to the specific crime being committed in that area. Photographs of these features must be taken to be presented during the briefing of the Station Commander during Station Crime Combating Forum (SCCF) meetings;
1.6.8.2. interview people at these flashpoints or hot spots (as well as victims and witnesses) to determine why these localities are conducive to these specific crimes. The interviewing of victims, witnesses and other persons a few days after the incidents could reveal an additional wealth of information;
1.6.8.3 . visiting of crime scenes that are possibly linked to any series of crimes that were identified through linkage analysis;
1.6.8.4. interviewing all the investigating officers of a crime series in order to alert them regarding possible linkages of their cases and to obtain more details and information which could serve to confirm or deny the linkages between specific cases; and
1.6.8 . 5. interviewing of suspects or suspects already in custody, within the constraints of the law and in consultation with the investigating officers.
1.6.9. The CIO must also brief members on shifts or reliefs (both in the CSC and on patrol duties) before they report on duty and debrief them when they report off duty. The briefing sessions must include information pertaining to flashpoints or hot spots and peak times of occurrence of the identified crimes. It should also focus on commonalities or common characteristics of cases and descriptions of suspects and suspicious vehicles. The National Instruction requires that the CSC personnel must be present in order to address problems that the CIO experiences with the correctness and completeness of the capturing of crime information on CAS.
1.7. The Detective Service Commander ( DSC ) is responsible to ensure that an effective and efficient investigation of crime service is rendered at the station and must –
1.7.1 . ensure that detectives performing duties at the DSC timeously receive and acknowledge newly reported case dockets from the CSC ;
1.7. 2. ensure that all newly reported case dockets are promptly investigated and that all attempts are made to finalize the investigation of these dockets during the preliminary investigation phase;
1.7.3. receive case dockets for further investigation from the DCS and the allocation of these case dockets to detectives in the investigation sections for further investigations;
1.7.4 . conduct twenty-four (24) hour inspections on case dockets to ensure the speedy investigation and compliance with instructions in case dockets;
1.7.5. complete the relevant columns of an authorised checklist, the updating and verifying of information on CAS for correctness and to place his or her signature on the appropriate space on the checklist in the case docket;
1.7.6. close case dockets on which the investigation is finalized and the correct adjudication on CAS of all these closed case dockets; and
1.7. 7. brief the Station Commander during SCCF meetings on newly reported crime and the status of the investigation of case dockets.
1.8. Finally, at station level, the Station Commander is responsible and remains accountable for the correct registration and transfer of case dockets and for the effective investigation of all case dockets under investigation at his or her station. The Station Commander must ensure that the Occurrence Book and the Information Book is not used for the registration of criminal cases and that all crimes reported at his or her station are only recorded and captured on CAS (or on form SAPS 441 when the CAS is offline).
Sources:
National Instruction 3 of 2011
https://sjc.org.za/wp-content/uploads/2018/11/6._Maj._Gen._Sekhukhune_Head_Crime_Registrar.pdf
https://kathorusmail.co.za/68681/what-to-do-when-police-refuse-to-open-a-case-for-you/
https://www.capetalk.co.za/articles/419242/legal-talk-what-to-do-if-police-refuse-to-open-a-case
Information-Sheet-Reporting-Criminal-Incidents
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