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South African Police Service Act, 1995 (Act No. 68 of 1995)

Chapter 13 : Offences

67. Interference with members

 

(1) Any person who—
(a) resists or wilfully hinders or obstructs a member in the exercise of his or her powers or the performance of his or her duties or functions or, in the exercise of his or her powers or the performance of his or her duties or functions by a member wilfully interferes with such member or his or her uniform or equipment or any part thereof; or
(b) in order to compel a member to perform or to abstain from performing any act in respect of the exercise of his or her powers or the performance of his or her duties or functions, or on account of such member having done or abstained from doing such an act, threatens or suggests the use of violence against, or restraint upon such member or any of his or her relatives or dependants, or threatens or suggests any injury to the property of such member or of any of his or her relatives or dependants,

shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months.

 

(2) Any person who—
(a) conspires with or induces or attempts to induce any member not to perform his or her duty or any act in conflict with his or her duty; or
(b) is a party to, assists or incites the commission of any act whereby any lawful order given to a member may be evaded,

shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.

 

(3) Any person who induces or attempts to induce a member to commit misconduct shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months.

 

(4) In the event of a criminal prosecution of any member or a representative of an employee organisation on account of a contravention of subsection (2) or (3), it shall constitute a defence if the sole purpose of such person's conduct was to—
(a) further or cause a strike by members, or
(b) further the activities of a bona fide employee organisation.