SOUTH AFRICAN NATIONAL DEFENCE UNION
POLICING POWERS FOR THE SANDF
1) In terms of the Constitution of the Republic of South Africa and the Defence Act (Act 44 of 1957), members of the South African National Defence Force can be utilised in the support of the South African Police Services.
2) SANDU has no objection to the utilisation of members of the SANDF in the role of supporting the SAPS. Certain key elements however must be highlighted to ensure that the members of the SANDF are adequately remunerated and protected whilst being utilised in this capacity:
a) the Act must provide for a comprehensive mandate in terms of the role and functions of the SANDF and also the legal aspects to protect soldiers whilst acting in the role of supporting the SAPS.
b) soldiers are to fall under their own command and control, and not under the command and control of the SAPS.
c) soldiers must be adequately trained in all the policing aspects, concerning the role and functions of the SANDF during SAPS support and their rights as far as legal responsibilities and protection is of utmost importance.
d) the image of soldiers must at all times maintain that of soldiers. Soldiers must not be seen as an extension of the SAPS, but rather as an autonomous force in support of the SAPS.
e) allowances must be negotiated and be made available to soldiers for this over-and-above responsibility, whilst being utilised in a supporting role to the SAPS.
f) soldiers must be utilised according to SANDF organisational structures while supporting the SAPS and then at the very least within the strength denominations of sections.
g) when soldiers are utilised in a supporting role to the SAPS, the expenses of such operations must be additionally budgeted for or be credited to the SAPS budget and not to the budget of the SANDF or their associates.
3) these inputs, we believe, will enable the Committee in compiling a workable document.
NATIONAL SECRETARY: SANDU (COR VAN NIEKERK)