The role of the police in governance, democracy and safety

THE effectiveness of a police service is a cornerstone of any stable and democratic society.

- PROFESSOR NIRMALA GOPAL

Beyond enforcing laws, the police embody the social contract between the state and its citizens, where law and order are maintained in exchange for the protection of individual rights and freedoms.

In a nation like South Africa, which has undergone a profound political transformation from apartheid to a constitutional democracy, the South African Police Service (SAPS) is more than just a law enforcement body - it is a guardian of the democratic ideals enshrined in the Constitution.

The Constitution of the Republic of South Africa, particularly Chapter 2, known as the Bill of Rights, provides the foundational framework for these ideals, and at the heart of this legal framework is the right of every person to live in a safe and secure environment.

This constitutional right to security is not merely aspirational. It imposes an active and binding obligation on state institutions, especially the SAPS, to protect the public and to uphold justice.

It is within this broader mandate that SAPS operates - tasked not only with fighting crime, but with promoting social stability, protecting human dignity, and ensuring equality before the law.

The SAPS, therefore, becomes a vital instrument through which the promises of the Constitution are realised, and through which public trust in the state is either reinforced or eroded.

The constitutional mandate of SAPS

Under the democratic Constitution of South Africa, the SAPS plays a critical role in advancing the objectives of a just and equitable society.

Section 205 of the Constitution states clearly that the objects of the police service are to prevent, combat and investigate crime; to maintain public order; to protect and secure the inhabitants of the Republic and their property; and to uphold and enforce the law.