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The legal consequences of wearing a police uniform without permission

Xolile Mtembu|Published

What you need to know about impersonating police and its consequences.

Image: Doctor Ngcobo / Independent Newspapers

In late May, a man was seen on video dancing and holding alcohol and a toy gun while wearing an official SAPS uniform.

This incident, which reportedly took place in Mpumalanga, raised concerns about individuals wearing police uniforms without being officers and those who escalate to impersonating police to commit crimes.

SAPS response

Police spokesperson Brigadier Donald Mdhluli stated that the SAPS had successfully identified and located the young man.

"He has been warned against the unauthorised wearing of a police uniform. No one is allowed to use any police badge or wear a police uniform without proper authorisation, and a person can be charged," Mdhluli said.

Apology

After the police and public scrutinised the video, the man issued a public apology. "It has come to my awareness that I have unintentionally overlooked and violated the laws set forth by the SAPS. I recognise my mistake and take full responsibility for my actions.

"I sincerely apologise to my family, the authorities and my supporters. I strongly encourage anyone considering similar actions to think twice."

He acknowledged that this is a legal offence with potentially serious consequences. 

Crimes committed by impersonators

In an incident from April, Gauteng police arrested five hijacking suspects who were wearing uniforms of the Ekurhuleni Metro Police Department and the SAPS.

The suspects, between 50 and 69, had allegedly just hijacked a truck in Sebenza, R25 Modderfontein Road.

"Two of the suspects were found wearing EMPD uniforms, and the other two were wearing South African Police Service reflector jackets. The team also rescued the truck driver and recovered the hijacked truck," said police spokesperson Lieutenant Colonel Mavela Masondo.

These impersonators are not limited to SAPS, as other individuals opt to use the South African National Defence Force (SANDF) uniform.

In April, police detained four individuals on human trafficking charges after a woman was reportedly enticed to a residence in the Free State and drugged.

Lieutenant Colonel Zweli Mohobeleli, a provincial police spokesperson, said the four, aged 20 to 40, were detained on allegations of human trafficking, unlawful drug possession, illegal possession of the SANDF uniform, and illegal possession of guns and ammunition.

"A 39-year-old Bloemfontein woman had allegedly been lured by a female suspect with promises of a better life. Once at the Bayswater house, in Bloemfontein, the recruiter was paid and the victim bought new supplies of food and clothes. Things turned sour when she was fed drugs and forced to perform acts of a sexual nature and clean the house," Mohobeleli said.

SANDF on civilians possessing or wearing military uniforms

The SANDF strongly condemns anybody in possession of Defence Force material.

Those caught in possession of a registered SANDF item can be arrested and charged under the Defence Act 42 of 2002, Sections 104 (5) and (6), which stipulates that: "Any person who, without authority, possesses or wears prescribed uniforms distinctive marks or crests, or performs any prohibited act while wearing such uniform or with such uniform, distinctive marks or crests, is guilty of an offence and liable on conviction or a fine or imprisonment for a period not exceeding five years."

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