Rebuilding trust in police

THE EDITOR: The role of law enforcement is to protect and serve, but what happens when those tasked with upholding justice fail to adhere to the standards they are sworn to uphold?

Recent instances of police officers refusing to file reports, neglecting to inform detainees of their legal rights, or arresting individuals on incorrect warrants, non-attendance in court, lack of evidence and/or conspiracy to tamper with evidence highlight a worrying trend of procedural lapses.

These failures point to a deeper issue: insufficient training and a lack of awareness of governing legislation such as the Police Standing Orders, the Police Service Act, and other key legislative frameworks.

These shortcomings suggest the urgent need to repeal the Constitution (Amendment) Act, 2006, Act No 6 of 2006, which took away the independence of the Police Service Commission. It also cements the need to reassess not only the training provided to serving officers, but also the criteria used in recruiting new ones.

A thorough understanding of legal and procedural obligations is essential to prevent the abuse of power which has eroded public trust and confidence in the police.

From personal experience, I have encountered officers who fail to accurately record details on charges or complaints and, in some cases, outright refuse to take reports from civilians. Just as troubling is the practice of officers dispensing legal advice – a responsibility that lies far outside their remit.

These incidents underscore the critical need for citizens to be educated about their rights under the law.

For example, many are unaware that they can lodge complaints against police officers who commit alleged crimes. This misconception is partly fuelled by a culture where some officers present themselves as being above the law.

The Police Complaints Authority (PCA) was established as a mechanism to hold officers accountable, allowing for investigations into alleged corruption, serious misconduct, or criminal offences committed by officers.

Yet, despite legislative amendments such as the 2021 expansion of the PCA Act to include disciplinary offences under the Municipal Police Service regulations, public confidence in law enforcement remains low. This lack of trust stems from systemic issues – officers are rarely held accountable, and social realities perpetuate the perception that misconduct goes unchecked.

For the PCA and similar oversight mechanisms to function effectively, broader policy and cultural shifts within law enforcement are required. Accountability must not be a theoretical ideal but a practical reality, enforced with transparency and fairness.

Equally, public education campaigns must ensure that citizens are equipped with the knowledge to advocate for their rights and seek redress when necessary.

Addressing these issues requires a collective commitment to rebuilding trust between law enforcement and the communities they serve. Only then can we create a system where justice is truly impartial, and officers are held to the highest standards of integrity.

VANNA JANKIEPERSAD

attorney