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CODE OF CONDUCT

1st Draft Protocol / Code of Conduct.

INDEX (Click on header to navigate to the relevant section)

Aims and Objectives
Indemnity
Liability
Accountability
Functions
Identity Cards
Conduct
Working with SAPS


(Note: Italics are used where this Protocol follows the words of the TBKW constitution)

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 environment. Top

2. Indemnity.

  • 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 association.
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. Top

3. Liability.

  • 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.
3.1 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.

3.2 TBKW carries no insurances whatsoever for members or their families or dependants.

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.
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4. Accountability.

TBKW will be accountable to SAPS in the first instance and shall also be accountable to the local Community Police Forum.

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 TBKW.

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.
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5. Functions.

  • 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 times.
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.

5.1.1 Only minimum force may be used to secure an arrest as defined in Criminal Procedure Act No. 51 of 1977.
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6. Identity Cards.

  • 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 signature.
  • 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
6.1 Members of TBKW must carry their identity card with them at all times when on any patrol on behalf of TBKW.

6.1.2 Any member losing his or her identity card shall forthwith report such loss to the Sector Leader.

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.
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7. Conduct

  • 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 circumstances.
  • 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 TBKW.
  • No member of TBKW may exploit his or her membership for personal advantage or benefit.
  • 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.

7.1.1 Members of TBKW are permitted to carry and use high intensity torches up to ten million candlepower.

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 committed.

7.2 Each member going on patrol must have at least one cell phone in each car or group of members on foot patrol.

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 perpetrators.

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 anticipated violence.

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.
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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 undertaken.

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 of criminals.

8.3 SAPS and CPF must assist each other in the publicity campaign for TBKW.
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