Police say the SAPS language policy does not prevent a complainant from deposing a statement in his or her mother tongue, and arrangements to accommodate the complainant will be made.
This comes after the DA called on the Malmesbury police station to immediately withdraw what they said was an unlawful order mandating that complainants’ statements must be taken exclusively in English.
The directive is invalid to the extent that it contradicts the directive issued by the national police commissioner, who instructed all provincial commissioners to withdraw any provincial language instruction that conflicts with national policy, the party said.
DA shadow deputy MEC of Police Okkie Terblanche said language should not be a barrier for victims to get justice.
“To ensure that justice is not compromised and that the rights of all citizens are upheld, we strongly urge police officers at Malmesbury Police Station to refuse to implement the unlawful instruction issued by Captain Tamboer. Our Constitution and the Use of Official Languages Act, 2012, are clear; linguistic diversity and the use of mother tongues must be respected.
The A1 statement is the victim's first opportunity to be heard, and language should not be a barrier to justice.
“The DA calls on the Provincial Police Commissioner to take immediate action and rescind the unlawful language instruction issued at Malmesbury Police Station. It is essential that our law enforcement agencies adhere to national policies that uphold the principles of linguistic diversity, fairness, and justice for all South Africans,” he said.
Terblanche said the incident in Malmesbury was not isolated as similar language policies have been enforced in other provinces.
“We remain committed to advocating for the removal of discriminatory language policies wherever they exist within the SAPS,” he said.
Police spokesperson Andrè Traut said the language policy of the SAPS stipulates that English is used for official documents and for preparing case dockets that are required for judicial purposes in a court of law.
“The SAPS language policy by no means prevents a complainant from deposing a statement in his or her mother tongue. If a police officer is not conversant with the language of choice by the complainant, arrangements to accommodate the complainant will be made, and no person will be turned away on this basis,” Traut said.
ANC chief whip in the Swartland Municipality, Bulelani Penxa, said it was important that complainants are allowed to make statements in their own languages.
“I think the issue is that the police officers who are writing statements in Afrikaans can sometimes make things difficult for those who cannot read the language,” he said.
Cape Times