CODE OF CONDUCT
Draft Protocol / Code of Conduct.
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Aims and Objectives
Working with SAPS
(Note: Italics are used where this Protocol follows the words of the TBKW
1. Aims and Objectives.
- To nurture a sense of unity, dedication and good neighbourly relations
among the residents of Tamboerskloof.
- To serve as a watchdog for the community and the local police services,
thereby assisting the local police to safeguard the community against criminal
activities and strive for a safe and secure environment.
- To provide a channel through which local communities can play a meaningful
role in crime prevention.
- To create public awareness with regard to safety, crime prevention and
protection of families and their property.
- To encourage the community to work in close co-operation with the South
African Police Services (SAPS) and other structures such as local authorities
who are involved in law enforcement.
- To unite a diverse residency in creating a stable and crime free
2.1 A copy of this Protocol shall be
signed by each member of TBKW and given to his or her Sector Leader before any
member takes part in any foot or vehicle patrol on behalf of TBKW.
- TBKW is not a legal person and functions within the guidelines provided by
and set out in the Western Cape Provincial Constitution and Code of Conduct
for Neighbourhood Watch Structures.
- An acknowledgement to this effect must be signed by all members of TBKW
clearly indemnifying the Neighbourhood Watch Structure.
- The acknowledgement must clearly state that TBKW is a voluntary
3.1 Any damage or injury to any member of TBKW or his
or her property when such member is acting as a member of TBKW in whatsoever
capacity shall subject to claims against third parties be the sole and absolute
responsibility of the member.
- TBKW is not a legal person and as such does not have powers of whatever
nature which might be in law to act or be acted upon.
- All individual members act in their own capacity as individuals and
liability will be in that capacity.
- TBKW will not be responsible for civil and or criminal actions or
omissions that are perpetrated by a member of TBKW nor responsible for civil
and or criminal actions or omissions against its members.
- All and any criminal and civil actions that are instituted against a
member of TBKW will be against the member concerned and not TBKW.
3.2 TBKW carries no
insurances whatsoever for members or their families or
3.3 Members of TBKW must take all such steps
as they chose to establish their own legal position as to their personal/
accident/medical or vehicle insurances and assurances.
TBKW will be accountable to SAPS in the first
instance and shall also be accountable to the local Community Police
4.1 Each member of TBKW shall give to his or her
Sector Leader a written report of all incidents during any patrol or similar
duty within 24 hours of completion of such patrol or similar action on behalf of
4.2 The form of written report is attached to this
protocol and a blank form will be given to or available to each member before
the member embarks upon any patrol.
4.2.1 The Sector Leaders shall give
all completed forms to the Crime Prevention Officer at each Sector Leaders
meeting under the constitution of TBKW.
4.3 Upon handing
the completed forms to the Crime Prevention Officer the terms of Clause 4 shall
be deemed to have been complied with.
4.4 If SAPS or the
Crime Prevention Officer reasonably require a statement to be made earlier than
the time referred to in 4.2.1 the member of TBKW and the Sector Leader shall
comply with such request.
5.1 Members of TBKW have the same rights as
any member of the public to arrest a perpetrator of an offence or of any person
reasonably suspected of being about to commit an offence.
- TBKW must assist SAPS in crime prevention in the Tamboerskloof area.
- TBKW will adopt and support the social crime prevention policy of SAPS.
- TBKW must operate within the framework of the law.
- TBKW members will have powers similar to that of any other citizen to
perform a citizenís arrest and the requirements set out in the Criminal
Procedure Act No. 51 of 1977 will be adhered to and complied with at all
minimum force may be used to secure an arrest as defined in Criminal Procedure
Act No. 51 of 1977.
6. Identity Cards.
6.1 Members of TBKW must carry their identity card
with them at all times when on any patrol on behalf of TBKW.
- All members of TBKW will have identity cards.
- The identity cards of members must contain a recent photograph of the
member, his or her full names, identity number and the memberís legible
- The identity cards shall refer to Tamboerskloof Police Station and be
signed by the SAPS local station commissioner.
- All identity cards shall be validated annually
member losing his or her identity card shall forthwith report such loss to the
6.1.3 Only members of TBKW as defined in the constitution
may go on any patrol.
6.1.4 No person under the age of eighteen years
shall be a member of TBKW.
- All members of TBKW must at all times act in a non-violent manner. No
member may take the law into his or her own hands irrespective of
- No member of TBKW will display racism, sexism or any other form of
discrimination towards any other member and any other person.
- No member shall carry any weapon perceived to be dangerous that could
inflict serious bodily harm or damage to property. This includes dangerous
weapons as defined by law when patrolling. Only weapons for the sole purpose
of self defence as approved by the Provincial Commissioner, SAPS Ė Western
Cape may be used.
- All members with firearms taken on any patrol shall declare these to the
local SAPS Crime Prevention Officer before going on patrol.
- Should a member of TBKW be found guilty of a criminal offence committed
when the member is operating formally as a TBKW member, TBKW will take such
disciplinary actions as are considered appropriate by the Committee and will
issue a public statement regarding its action.
- Members of TBKW shall not divulge any confidential or privileged
information that they may have acquired as a result of their membership of
- No member of TBKW may exploit his or her membership for personal advantage
- Members of TBKW must at all times act in a manner that will uphold and
promote the aims and objectives of TBKW.
7.1 The master registration form of which a draft is
attached hereto must be filled in before each patrol. All details of name; cell
phone number; vehicle registration number and area to be patrolled must be
legibly recorded. Details of any weapons carried must be provided.
Members of TBKW are permitted to carry and use high intensity torches up to ten
7.1.2 Pepper spray or CS gas emitters and electric
stun guns are permitted but may only be used in self defence when physical
damage has been committed or is reasonably expected to be
7.2 Each member going on patrol must have at
least one cell phone in each car or group of members on foot
7.2.1 Each cell phone used on patrol shall contain in the memory
the cell phone number of the response vehicle cell phone; the Tamboerskloof SAPS
telephone number and the cell phone number of at least one of the other patrols
on duty during the same roster hours.
7.3 Members of
TBKW are not expected or required to confront any persons of any race creed or
gender whether they are suspected of being about to commit a crime or having
committed a crime. The duty of members on patrol is to report any suspicious
person or vehicle in the neighbourhood. Members shall use their own discretion as to whether to drive
around their allocated Sector or whether to remain stationary and in the latter
instance whether or not to keep the vehicleís engine running.
7.3.1 The report shall be by cell phone to the Response vehicle and to SAPS
in Tamboerskloof and it may be advisable to inform any other TBKW vehicle on
patrol. The precise position of the member or the memberís vehicle must be given
to the Response vehicle and all members on patrol should ensure that they are
aware of their precise location at all times.
7.3.2 TBKW members shall follow any instructions from the response vehicle as
to whether to follow the suspects or maintain observation. No physical
interference can be directed by SAPS.
7.3.2 TBKW members shall withdraw from any scene or incident forthwith upon
any violence being used or threatened and shall not confront the
7.4 NOTHING herein contained shall
restrict the rights of any member as an individual to defend him or her self
using reasonable force so to do if faced with a situation where the member or
any other person on duty with such member is subjected to actual or reasonably
7.5 Any incident shall forthwith
be recorded briefly in writing with detail of time; place; number of suspects or
perpetrators; description of perpetrators by age, size and colour and clothing
followed by a brief description of the incident.
7.5.1 The detail of the
incident must be formally recorded on the form referred to at 4.2 above. If any
firearm is discharged by a member of TBKW such further forms as required by SAPS
must be completed.
7.6 No member of TBKW shall
release any statement to any media on any matters concerning TBKW unless the
content of any statement has been agreed by the Crime Prevention Officer. If
approval is not given within seven days of submitting the proposed statement the
member is at liberty to release such statement.
7.6.1 Members of TBKW may
place such information as they chose on the TBKW website subject to compliance
with the TBKW constitution.
8. Working with SAPS
SAPS shall be obliged whenever possible to provide
members, reservists or assist to arrange for members from other law enforcement
agencies to supervise TBKW when patrols are
8.1 The Department of Community Safety will
decide on approval of all project funding applications for TBKW as submitted by
the Community Police Forum (CPF).
8.2 TBKW and SAPS must
share information on matters pertaining to crime prevention and the apprehension
8.3 SAPS and CPF must assist each other in
the publicity campaign for TBKW.
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