Constitution of TBKWatch

Last Updated: May 2014

1. Aims and Objectives

1. To nurture a sense of unity, dedication and good neighbourly relations among the residents of Tamboerskloof.
2. 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.
3. To provide a channel through which local communities can play a meaningful role in crime prevention.
4. To create public awareness with regard to safety, crime prevention and protection of families and their property.
5. 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.
6. To unite a diverse residency in creating a stable and crime free environment.

2. Indemnity

1. Tamboerskloof Neighbourhood Watch (TBKWatch) 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.
2. An acknowledgement to this effect is agreed by all persons registering as members of Tamboerskloof Neighbourhood Watch (TBKWatch) clearly indemnifying the Neighbourhood Watch Structure.
3. The acknowledgement clearly states that Tamboerskloof Neighbourhood Watch (TBKWatch) is a voluntary association.
4. A copy of this Protocol shall be signed by each member of Tamboerskloof Neighbourhood Watch (TBKWatch) who intends to take part in patrols, response or operational activities on behalf of Tamboerskloof Neighbourhood Watch (TBKWatch). The signed protocol is to be filed at the Tamboerskloof Neighbourhood Watch (TBKWatch) office.

3. Liability

1. Tamboerskloof Neighbourhood Watch (TBKWatch) 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.
2. All individual members act in their own capacity as individuals and liability will be in that capacity.
3. Tamboerskloof Neighbourhood Watch (TBKWatch) will not be responsible for civil and or criminal actions or omissions that are perpetrated by a member of Tamboerskloof Neighbourhood Watch (TBKWatch) nor responsible for civil and or criminal actions or omissions against its members.
4. All and any criminal and civil actions that are instituted against a member of Tamboerskloof Neighbourhood Watch (TBKWatch) will be against the member concerned and not Tamboerskloof Neighbourhood Watch (TBKWatch).
5. Any damage or injury to any member of Tamboerskloof Neighbourhood Watch (TBKWatch) or his or her property when such member is acting as a member of Tamboerskloof Neighbourhood Watch (TBKWatch) in whatsoever capacity shall subject to claims against third parties be the sole and absolute responsibility of the member.
6. Tamboerskloof Neighbourhood Watch (TBKWatch) carries no insurances whatsoever for members or their families or dependants.
7. Members of Tamboerskloof Neighbourhood Watch (TBKWatch) 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.

4. Accountability

1. Tamboerskloof Neighbourhood Watch (TBKWatch) will be accountable to SAPS in the first instance and shall also be accountable to the local Community Police Forum.
2. Each member of Tamboerskloof Neighbourhood Watch (TBKWatch) shall submit via the report an incident page, or the Tamboerskloof Neighbourhood Watch (TBKWatch) office a report of all material incidents during any patrol or similar duty as soon as possible after completion of such patrol or similar action on behalf of Tamboerskloof Neighbourhood Watch (TBKWatch).

5. Functions

1. Tamboerskloof Neighbourhood Watch (TBKWatch) must assist SAPS in crime prevention in the Tamboerskloof area.
2. Tamboerskloof Neighbourhood Watch (TBKWatch) will adopt and support the social crime prevention policy of SAPS.
3. Tamboerskloof Neighbourhood Watch (TBKWatch) must operate within the framework of the law.
4. Tamboerskloof Neighbourhood Watch (TBKWatch) members will have powers similar to that of any other citizen to perform a citizen’s 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. Members of Tamboerskloof Neighbourhood Watch (TBKWatch) 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.
   1. Only minimum force may be used to secure an arrest as defined in Criminal Procedure Act No. 51 of 1977.

6. Identity Cards

1. All members involved in operational patrol and/or response activities of Tamboerskloof Neighbourhood Watch (TBKWatch) will have identity cards.
2. The identity cards of members must contain a recent photograph of the member, his or her full names, identity number and the member’s Tamboerskloof Neighbourhood Watch (TBKWatch) membership number.
3. The identity cards shall refer to Cape Town Central Police Station and Community Policing Forum.
4. All identity cards shall be validated regularly.
5. Members of Tamboerskloof Neighbourhood Watch (TBKWatch) must carry their identity card with them at all times when on any patrol on behalf of Tamboerskloof Neighbourhood Watch (TBKWatch).
   1. Any member losing his or her identity card shall forthwith report such loss to the Tamboerskloof Neighbourhood Watch (TBKWatch) Office.
   2. Only members of Tamboerskloof Neighbourhood Watch (TBKWatch) as defined in the constitution may go on any patrol.
   3. No person under the age of eighteen years shall be a member of Tamboerskloof Neighbourhood Watch (TBKWatch).

7. Conduct

1. All members of Tamboerskloof Neighbourhood Watch (TBKWatch) 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.
2. No member of Tamboerskloof Neighbourhood Watch (TBKWatch) will display racism, sexism or any other form of discrimination towards any other member and any other person.
3. 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 Western Cape may be used.
4. All members with firearms taken on any patrol shall declare these to the local SAPS Crime Prevention Officer before going on patrol.
5. Should a member of Tamboerskloof Neighbourhood Watch (TBKWatch) be found guilty of a criminal offence committed when the member is operating formally as a Tamboerskloof Neighbourhood Watch (TBKWatch) member, Tamboerskloof Neighbourhood Watch (TBKWatch) will take such disciplinary actions as are considered appropriate by the Committee and may issue a public statement regarding its action.
6. Members of Tamboerskloof Neighbourhood Watch (TBKWatch) shall not divulge any confidential or privileged information that they may have acquired as a result of their membership of Tamboerskloof Neighbourhood Watch (TBKWatch).
7. No member of Tamboerskloof Neighbourhood Watch (TBKWatch) may exploit his or her membership for personal advantage or benefit.
8. Members of Tamboerskloof Neighbourhood Watch (TBKWatch) must at all times act in a manner that will uphold and promote the aims and objectives of Tamboerskloof Neighbourhood Watch (TBKWatch).
9. The use of items pertaining to the visibility and self-defense of Tamboerskloof Neighbourhood Watch (TBKWatch) members on patrol is governed by the National, Provincial and City laws applicable at the time.
   1. Members of Tamboerskloof Neighbourhood Watch (TBKWatch) are permitted to carry and use high intensity torches up to ten million candlepower.
   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.
10. Each member going on patrol must have a Tamboerskloof Neighbourhood Watch (TBKWatch) radio or cell mobile in each car or group of members on foot patrol.
11. Members of Tamboerskloof Neighbourhood Watch (TBKWatch) 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 vehicle’s engine running.
    1. The report shall be by phone or radio call to Watchcom and/or the radio network. The precise position of the member or the member must be given and all members on patrol should ensure that they are aware of their precise location at all times.
    2. Tamboerskloof Neighbourhood Watch (TBKWatch) members shall follow any instructions from SAPS as to whether to follow the suspects or maintain observation. No physical interference can be directed by SAPS.
    3. Tamboerskloof Neighbourhood Watch (TBKWatch) members shall withdraw from any scene or incident forthwith upon any violence being used or threatened and shall not confront the perpetrators.
12. 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.
13. No member of Tamboerskloof Neighbourhood Watch (TBKWatch) shall release any statement to any media on any matters concerning Tamboerskloof Neighbourhood Watch (TBKWatch) unless the content of any statement has been agreed by the Tamboerskloof Neighbourhood Watch (TBKWatch) Executive Committee. If approval is not given within seven days of submitting the proposed statement the member is at liberty to release such statement.
    1. Members of Tamboerskloof Neighbourhood Watch (TBKWatch) may place such information as they chose on the Tamboerskloof Neighbourhood Watch (TBKWatch) website subject to compliance with the Tamboerskloof Neighbourhood Watch (TBKWatch) constitution.

8. Working with SAPS

1. SAPS shall be obliged whenever possible to provide members, reservists or assist to arrange for members from other law enforcement agencies to supervise Tamboerskloof Neighbourhood Watch (TBKWatch) when patrols are undertaken.
2. The Department of Community Safety will decide on approval of all project funding applications for Tamboerskloof Neighbourhood Watch (TBKWatch) as submitted by the Community Police Forum (CPF).
3. Tamboerskloof Neighbourhood Watch (TBKWatch) and SAPS must share information on matters pertaining to crime prevention and the apprehension of criminals.
4. Tamboerskloof Neighbourhood Watch (TBKWatch) members are part of a Tamboerskloof Community Initiative in partnership with SAPS and the Cape Town Central Community Police Forum.