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Death Grant Scheme for Members of the South African Police Service

Your loss is our loss
Your pain is our pain

Basic hints to safeguard yourself

The Minister for Safety and Security officially launched a Death Grant Scheme for members of the South African Police Service on 7 November 2003. The fund is a response to deep concern by the National Commissioner, Jackie Selebi, about the plight of the dependants of members killed in the line of duty.

The Cabinet took a decision to grant a once-off payment of R200 000,00 to the dependants of a member or an officer who died as a result of extraordinary circumstances relating to the performance of duty.

Members will qualify for the death grant scheme under the following circumstances:

  • When a member was murdered on duty and in the execution of his or her duties.

  • When an off-duty member died in the execution of his or her duties as a police officer.

  • When a member died in the execution of his or her duties and, in the opinion of the Committee, extraordinary circumstances relating to the member’s duty warrant the payment of the grant.

The term member in this context means:

  • a staff member appointed in terms of the Public Service Act or the South African Police Service Act; or

  • a reservist.

The term duties in this regard refers to :

  • the prevention, combating and investigating of crime

  • the maintenance of public order

  • protecting and securing the inhabitants of the Republic of South Africa and their property

  • and upholding and enforcing the law.

Mandate of the Appointed Committee

The committee will ensure payment of the grant in the event of the death of a member subject to the above conditions. All Deputy National Commissioners and the Divisional Commissioner for Personnel Services will serve on the committee.

The decision of the committee with regard to a grant is final. Any representations regarding the non-approval of a grant may, however, be referred to the committee, which may reconsider its decision and may, at its discretion, refer the matter to the National Commissioner for consideration. Any decision by the National Commissioner will be final.

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The Death Grant will not be Paid :

  • if a member commits suicide or if he or she participated in criminal activity during the death or events leading to the death.

Entitlement to Payment

This grant is not a benefit but a scheme, the payment of which lies exclusively within the prerogative of the National Commissioner. The payment of the grant is therefore made as an act of grace. The payment of the grant is subject to the availability of funds and the circumstances under which it will be paid, may be reviewed from time to time and may be abolished at the sole discretion of the National Commissioner.

Implementation Date

The payment will be made to dependants of members who died on or after 1 April 2003. The grant scheme will be implemented immediately after the launch on 7 November 2003.

Payment to Dependants

  • If the late member has more than one dependant, the amount may, at the discretion of the committee, be divided between the dependants or paid to one dependant only.

  • If the grant is approved, payment will only be made to a dependant who is 21 years or older, or who was married to, or a partner of, the deceased member.

  • In the event of a dependant who is below the age of 21, the grant will be paid to the guardian of such dependant(s).

The term dependent of a member in the context of this grant means (in order of priority):

  • the legal spouse - a widow or widower who, at the time of the member’s death, was married to the member according to civil law or was a party to a marriage to the member according to indigenous law and custom, if neither the husband nor the wife was a party to an existing civil marriage at that time

  • a person with whom the member was at the time of the member’s death living as a partner

  • a child of the member or of his or her spouse, and includes a posthumous child, and a child born out of wedlock

  • a parent, brother, sister, half-brother or half-sister, grandparent or grandchild of the member; and/or

  • if there are no other dependants, any person who, in the opinion of the committee, acted in the place of a parent who, in the opinion of the committee, was at the time of the member’s death wholly or partially financially dependent upon the member.

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Procedures to be Followed Before Payment of Grant

  • The commander or supervisor must compile a Death Report on the member. Supporting evidence of the circumstances leading to the death of the member, as well as information on the dependants must be supplied.

  • The immediate commander or supervisor must forward all the documentation referred to above, together with a recommendation to the relevant Provincial or Divisional Commissioner.

  • The Provincial Commissioner or Divisional Commissioner must then consider the evidence and make a recommendation on whether the grant should be paid. This must be forwarded to the Divisional Commissioner: Personnel Service.

  • This process should preferably be completed within 14 days of the date of death of a member.

  • The committee must consider the matter and take a decision and, if approved, submit it to the Head: Finance for payment of the grant. Recovery of any monies paid will only be considered if payment was obtained in a fraudulent manner.

Payment of Grants

The speedy payment of the grant depends on the member completing the dependant’s form and his or her commander or supervisor and Provincial and Divisional management performing their functions as outlined above.

Tax Deduction

The grant is taxable. Members must note that, if a member is not registered with the Receiver of Revenue as a taxpayer, the payment of the grant will be delayed as the late member will first have to be registered as a taxpayer. In order to prevent this delay, members are urged to register as taxpayers and ensure that PERSAL is updated by having the tax number recorded thereon.

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Members' Obligation

  • All members must complete a dependant’s form setting out the personal details of dependants. This form should be available at the station. The completed form must be filed in the member’s personal file at the relevant area / province / division.

  • It is the responsibility of every member to notify the Service about any changes regarding his or her dependants.

  • No member or dependant may assign, transfer, cede, pledge, alienate or otherwise dispose of the grant. The grant may not be used to offset any outstanding debt owed to the Service by the member.

  • Members and commanders must ensure that the latest original dependant form is kept on file and is clearly identifiable as the latest form.

Assistance by SAPS Helping Professions

If you, as a member of the Service, have been affected by the loss of a colleague, or have been traumatised in any way by an attack or assault, immediately obtain support from the SAPS Helping Professions.

Prevention of Murder and Attacks on Police Officials

Ultimately the SAPS management want to minimise and prevent all police deaths/killings so that it will not become necessary to have to pay a death grant. A police official should, therefore, never lose sight of the fact that he/she is constantly in danger. In addition to the SAPS having to persist in providing training and resource support in this regard, all members should primarily take responsibility for the safety of their own lives.

Together in Combating Crime and Police Killings

The precautions taken by the SAPS and by members to ensure their safety can never be divorced from the vital role all communities play in this regard.

By working with the police, mobilising support, forming a united front against the senseless killing of and attacks on police members, reporting on planned attacks and exposing police killers and criminal elements, communities together with the SAPS are bound to turn the tide against crime and build on a safe and more secure environment for all people in South Africa.

Let us together deal with those persons who disrespect the constitutional right to life, human dignity and freedom.

  • Be constantly aware of your vulnerability as a police official.

  • Bear in mind that you are always at risk.

  • Always be alert and aware of your surroundings.

  • Wear your bulletproof vest.

  • Remember that your safety and that of your colleagues always comes first - do not act or react impulsively or recklessly to situations.

  • Never work ALONE.

  • Do not be a hero - wait for support.

  • Always apply the correct tactical procedures when, for example, arresting a suspect or searching vehicles, premises and suspects.

  • Apply the correct procedure when transporting a suspect or when placing a suspect in detention.

  • Ensure that your personal policing tools, such as your firearm or radio, are in working order.

  • When alone, rather follow a vehicle or suspect than risk being killed - call for back-up.

  • Always stay in radio contact.

  • If at all possible, never visit cells alone.

  • Stay away from drinking places when you are off duty and have an official firearm in your possession.

  • Conceal your firearm when off duty.

  • Always treat the public with dignity and respect - remain calm and do not stir up conflict.

  • Perform your tasks in accordance with the SAPS Code of Conduct.

  • Be sober when you are on duty.

  • Attend shooting practices and other applicable courses.

  • Do not socialise with criminals.

REMEMBER

Your safety ALWAYS comes first!

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