WATCH: SAPS launch investigation into White River police station assault

[Willie Trombone]

The police are obliged to react and protect the person being assaulted. What a lot of the public don't realise is that, except for murder, the police cannot charge anyone for assault on anyone else. The charge has to be laid by the victim. I am aware of a person who no longer has the use of an arm but refuses to lay a charge because he is afraid of the repercussions. The police can do nothing to help him. The charge is the legal paperwork that starts the entire ball rolling. Without it, the police have to release the assailant even if they detained him/her to prevent an assault.

It works like this:

1. Victim lays charge of assault or submits an affidavit. The police will formulate the charges from an affidavit.
2. A docket is opened and the victim is given a MAS number.
3. The docket is sent to the detectives for investigation.
4. The perp is arrested.
5. The perp appears in a court within 48 hours to answer charges.
6. The perp is either released on bail or kept in custody
7. A trial date is set.
8. The trial is held.
9. If guilty, the perp is sentenced.

Blah blah...
So here's a question for you.
If a policeman witnesses a crime in the course of his duty, what should he do? Should he not arrest the perpetrator if nobody comes to him to complain first? Should he not stop the crime in action?

 

[Cosmik Debris]

They didn't.

Not what I was talking about. I was describing the correct procedure, not the incident.

 

[Cosmik Debris]

This is actually insane. You think that the police would help you, instead they help the bad guys and tell them to hand over their phones to the bad guys.

They probably are telling the truth when they say they have police and judges in their pocket.

The gangsters are in cahoots with the police. The police are the gangsters.

One day someone is going to be armed and this will end in blood.

And people wonder why we need firearms for protection in SA - because sometimes the police are on the bad guys side!!!!!

Public prosecutors too. They're the ones that decide to prosecute or not before it gets to court.

 

[TheChamp]

Blah blah...
So here's a question for you.
If a policeman witnesses a crime in the course of his duty, what should he do? Should he not arrest the perpetrator if nobody comes to him to complain first? Should he not stop the crime in action?

This forum is a mess because people like arguing for the sake of arguing you answer is in the first sentence of Cosmik Debris' post.

The police are obliged to react and protect the person being assaulted.

 

[Pegasus]

Has anyone asked why we have a place called "White River"?
Does Cyril know about this racist name?

 

[Cosmik Debris]

@rietrot got a point. Nobody reacts like that without getting provoked the second mistake these two "victims" made is thinking the police would protect them. He's actually lucky that they didn't do something way worse with the drama queen in the background. Next time let them pass without recording or trying to do something you might even get a friendly thank you hazard sign.

And loutish behaviour on the roads has now become acceptable? And if you try to record it you deserve a beating?

 

[Cosmik Debris]

Apologies I missed that opening bit.

BUT, the police can, and are actually also duty bound to act on crimes that they witness, even if the person doesn't lay a charge. The fact that the police continue this bollocks about "we can't do anything until a person lays a charge" needs to be dealt with properly and must not be allowed to continue, its just straight up lazy bullshyte.

You missed it again.

What I said:

The police are obliged to react and protect the person being assaulted.

 

[ToxicBunny]

You missed it again.

What I said:

The police are obliged to react and protect the person being assaulted.

No I didn't miss it poppet.

My statement in this post is about the fact that the police are actually duty bound to investigate a crime that they witness even if the victim doesn't lay a charge. They can and are able to act on behalf of the State to lay the charge and proceed with that as well even if the victim chooses not to proceed.

 

[grok]

Calm down, the place is ****ed because we have people who behave like the one in the OP and those who goes to great lengths to try justify their actions.

Funny how when the apartheid police had their hands around your throat it was oh so wrong, but now suddenly you're fine with police brutality 'slongs its not you begging for help? LOL!

Apartheid never left.. you lot just stole it, added Corruptheid & now suddenly citizens can be brutalized, police can do what they want & racism are accepted - under the democracy you so cried for nogal.

You should stop channeling Malema & try re-connect with your inner Madiba for a change, look at what's become with unHlaudi'd eyes.

 

[Cosmik Debris]

Calm down, the place is ****ed because we have people who behave like the one in the OP and those who goes to great lengths to try justify their actions.

Oh, I see. It's the member of the publics fault he got assaulted in a police station and the cops did nothing about it?

 

[Tokolotshe]

https://www.facebook.com/delia.lynne.human/posts/10226010547875446

Some more and more complete videos.

I am sharing this for our own safety - as advised by our Attorney. Please share.

 

[Willie Trombone]

This forum is a mess

Shem

 

[Cosmik Debris]

No I didn't miss it poppet.

My statement in this post is about the fact that the police are actually duty bound to investigate a crime that they witness even if the victim doesn't lay a charge. They can and are able to act on behalf of the State to lay the charge and proceed with that as well even if the victim chooses not to proceed.

Wrong. The only charge the police can lay is murder. I visit many people a month on behalf of the police to advise them that the police cannot proceed with their complaint unless the complainant lays a charge or swears an affidavit to the police so that they can open a docket. Without the charge/affidavit a docket cannot be opened and without a docket the case cannot be investigated and brought to a court.

This is precisely what the public doesn't understand.

 

[Willie Trombone]

What's fascinating is that this company exists without much of a web presence at all. How do you suppose they get their work?

 

[blah99]

What's fascinating is that this company exists without much of a web presence at all. How do you suppose they get their work?

Some cadre tender company disguised as a "security company".

 

[Willie Trombone]

Wrong. The only charge the police can lay is murder. I visit many people a month on behalf of the police to advise them that the police cannot proceed with their complaint unless the complainant lays a charge or swears an affidavit to the police so that they can open a docket. Without the charge/affidavit a docket cannot be opened and without a docket the case cannot be investigated and brought to a court.

This is precisely what the public doesn't understand.

Then explain this

Can the police investigate a case that hasn’t been reported? - ISS Africa

The South African police have a positive duty to act against crime even when a complainant is absent.

issafrica.org

 

[Vrotappel]

 

[Cosmik Debris]

Blah blah...
So here's a question for you.
If a policeman witnesses a crime in the course of his duty, what should he do? Should he not arrest the perpetrator if nobody comes to him to complain first? Should he not stop the crime in action?

What schedule offence are you discussing?

A cop can witness a housebreak, arrest and detain the burglar. If the homeowner refuses to lay a charge, the burglar walks free.

Same with assault, shoplifting and many others.

Drug dealing will result in an arrest and charge by the police as will drunken driving. These are crimes against society, not against individuals.

Any crime against an individual or their property, even rape, requires the complainant to lay a charge.

 

[ToxicBunny]

Wrong. The only charge the police can lay is murder. I visit many people a month on behalf of the police to advise them that the police cannot proceed with their complaint unless the complainant lays a charge or swears an affidavit to the police so that they can open a docket. Without the charge/affidavit a docket cannot be opened and without a docket the case cannot be investigated and brought to a court.

This is precisely what the public doesn't understand.

Yeah no.

You can visit many people as many times as you want and tell them what you want. The police can actually lay charges and act on behalf of the State.
The fact that they choose not to is a different issue altogether.

 

[Cosmik Debris]

Then explain this

Can the police investigate a case that hasn’t been reported? - ISS Africa

The South African police have a positive duty to act against crime even when a complainant is absent.

issafrica.org

Great. Now quote the relevant passage from the Criminal Procedure Act and the Schedule of Offenses. Also try the Police Act 68 of 1995.