Mobility
Question by:
Hon Nosipho Makamba-Botya
Answered by:
Hon Daylin Mitchell
Question Number:
2
Question Body:
- Whether provincial traffic officers are allowed to attend criminal court proceedings in full work uniform while attending criminal cases in which they are the accused persons; if not, (a) why not and (b) what are the disciplinary sanctions for this; if so, what are the relevant details;
- whether provincial traffic officers are allowed to attend criminal court proceedings in which they are the accused persons while making use of state resources, such official vehicles; if not, (a) why not and (b) what are the disciplinary sanctions for this; if so, what are the relevant details;
- whether his Department provides legal assistance to provincial traffic officers who engage in criminal activities while on duty and later face criminal charges; if not, why not; if so, what are the relevant details?
Answer Body:
- The officers are not allowed to wear their uniform to court if they are the accused.
- The reason for this is to protect the image of the profession, and to prevent bringing the department into disrepute. Should officers be found to contravene this protocol the magistrate will inform them accordingly if there is a follow up appearance.
- If the officers disobey any of the above, the matter will be investigated to determine the facts, and if so, the matter will be referred to Employer Relations to activate the internal disciplinary actions to determine the appropriate outcome or sanction if applicable.
- The officers are not allowed to use any state resources to attend any court proceedings if they are the accused and this is deemed to be in their private capacity.
- Should officers be found to contravene this protocol the magistrate will inform them accordingly if there is a follow up appearance.
- If the officers disobey any of the above cases, the matter will be investigated to determine the facts, and if contravention is identified, the matter will be referred to Employer Relations to activate the internal disciplinary actions to determine the appropriate outcome or sanction if applicable.
- Criminal activities can be interpreted in different ways. Traffic officers often face alleged criminal cases of assault or wrongful arrest by motorists who will register a counter case after they have been arrested for an offence in terms of the National Road Traffic or Criminal Procedure Act. These types of cases are registered as criminal cases, and when this is brought to the attention of the employer, an immediate investigation is conducted which includes but is not limited to using our in-vehicle camera system. If no substantive proof is found at the end of the investigation because the officer acted within their mandated scope and the parameters of the law, all the evidence and a motivation is drafted for approval to the Head of Department requesting legal assistance for the officer. If the officer however acted outside the parameters of his mandated scope in the same scenario no legal representation will be considered.
Date:
Friday, November 25, 2022
