I quote from, “Legalbrief LSAA Weekly 389 News for the week of 9 to 15 November 2019” the following: “the SAPS has been taken to task by a senior judge over persistent complaints that it fails to act and enforce the law. In an astonishing claim, the police are said to refuse to intervene, even when faced with a clearly criminal activity until a court directs them to take action”.
We have repeatedly experienced instances where the police have been asked to give effect to the law, only to be told that they cannot do anything unless there is a court order directing them to do so.
Whilst this is astonishing, we have decided to ensure that in instances where police assistance will be required, we ask that the court order the police to “do their job“, for instance, to give effect to an interdict, alternatively to ensure that people who are trespassing are arrested and so forth.
Obtaining court orders which include instructions to the police has not only allowed us to present the court orders to the police to do their jobs but has also had the effect of notifying those people against whom the order is sought, that the police will be giving effect to the law.
As such, it is then if the police are not giving effect to the law in circumstances where you require their assistance, we suggest that this form part of a court order instructing the police.
This can be done in the Magistrate’s Court relatively expeditiously and cheaper than if done in the High Court.
If you have any questions about Court Orders or any other Land or Labour issues, contact McCarthy & Associates Attorneys on (033) 266 6170 or ad***@ma****.za