The Centre for Constitutional Rights (the CFCR) welcomes the commitment of the Minister of Police, Nathi Nhleko, to "restoring the citizens' faith and trust in our law enforcement agencies and the criminal justice system" whilst recognising the need to enhance the effectiveness and professionalism of the South African Police Service (SAPS). The CFCR also welcomes the Minister's assurance given during his Budget Vote speech that the SAPS will be demilitarised as recommended by the National Development Plan. It is surely in the interest of everyone in South Africa to have an effective, professional and dedicated police service - one that is valued, respected and supported by society.
 
However, in order for a society to have faith and trust in their police service and other law enforcement agencies, these agencies must not only be effective and professional, but must be seen as protectors of human rights. Respect for and the protection of human rights - as required by section 7 of the Constitution - is fundamental to a democratic society based on the rule of law. It is also a prerequisite for genuine and lasting law and order in a society. Accordingly, the Constitution determines that the security services - including the SAPS - "must act, and must teach and require their members to act, in accordance with the Constitution and the law, including customary international law and international agreements binding on the Republic". Incidentally, the Minister's announcement of a "comprehensive review of the SAPS Act to align it with the Constitution" (although, any Act inconsistent with the Constitution is, in principle, invalid) may be an ideal opportunity to incorporate into the SAPS Act such provisions necessary to make effective, comprehensive and continuous human rights training mandatory for all SAPS officials.