POL1502 Assignment 2
Semester 2 Memo
(COMPLETE ANSWERS) Due
19 September 2025
For assistance contact
Email:
, 1.1 The role of law enforcement agencies in the custody and management of seized
property in South Africa
In South Africa, law enforcement agencies, primarily the South African Police Service (SAPS),
play a crucial role in the management of property seized during criminal investigations. Their
duties are governed by the Criminal Procedure Act, 1977 (Act 51 of 1977), as well as internal
standing orders and case law. The primary objective is to ensure that the seized property is
secured, its integrity is maintained, and it is available for use as evidence in court.
The key roles of law enforcement include:
Lawful Seizure: A police official is empowered by Section 20 of the Criminal
Procedure Act to seize any item that is concerned with the commission of an offence or
may afford evidence of it. This can be done with or without a warrant, depending on the
circumstances, such as with the consent of the person in control of the property or when
there are reasonable grounds to believe that a delay in obtaining a warrant would defeat
the purpose of the search (as per Section 22).
Retention and Safeguarding: Once seized, the property must be retained in police
custody. Section 30 of the Act mandates that a police official must give the item a
distinctive identification mark and retain it in police custody, or make other suitable
arrangements for its safekeeping. This includes storing it in a secure location, such as an
exhibit room, to prevent it from being lost, damaged, or tampered with.
Maintaining the Chain of Custody: This is arguably the most critical role. The police
are responsible for documenting the continuous possession and control of the evidence
from the moment it is seized until it is presented in court. This "paper trail" should record
who handled the item, when, where, and for what purpose. Proper sealing and labeling of
exhibits are essential to prove that the item presented at trial is indeed the same one
seized at the crime scene.
Production in Court: Law enforcement must ensure that the seized property is available
for inspection by the court and can be produced as an exhibit during the trial. The police
official who seized the item, or a designated custodian, will often be required to testify in
court to authenticate the evidence and confirm the integrity of the chain of custody.
Semester 2 Memo
(COMPLETE ANSWERS) Due
19 September 2025
For assistance contact
Email:
, 1.1 The role of law enforcement agencies in the custody and management of seized
property in South Africa
In South Africa, law enforcement agencies, primarily the South African Police Service (SAPS),
play a crucial role in the management of property seized during criminal investigations. Their
duties are governed by the Criminal Procedure Act, 1977 (Act 51 of 1977), as well as internal
standing orders and case law. The primary objective is to ensure that the seized property is
secured, its integrity is maintained, and it is available for use as evidence in court.
The key roles of law enforcement include:
Lawful Seizure: A police official is empowered by Section 20 of the Criminal
Procedure Act to seize any item that is concerned with the commission of an offence or
may afford evidence of it. This can be done with or without a warrant, depending on the
circumstances, such as with the consent of the person in control of the property or when
there are reasonable grounds to believe that a delay in obtaining a warrant would defeat
the purpose of the search (as per Section 22).
Retention and Safeguarding: Once seized, the property must be retained in police
custody. Section 30 of the Act mandates that a police official must give the item a
distinctive identification mark and retain it in police custody, or make other suitable
arrangements for its safekeeping. This includes storing it in a secure location, such as an
exhibit room, to prevent it from being lost, damaged, or tampered with.
Maintaining the Chain of Custody: This is arguably the most critical role. The police
are responsible for documenting the continuous possession and control of the evidence
from the moment it is seized until it is presented in court. This "paper trail" should record
who handled the item, when, where, and for what purpose. Proper sealing and labeling of
exhibits are essential to prove that the item presented at trial is indeed the same one
seized at the crime scene.
Production in Court: Law enforcement must ensure that the seized property is available
for inspection by the court and can be produced as an exhibit during the trial. The police
official who seized the item, or a designated custodian, will often be required to testify in
court to authenticate the evidence and confirm the integrity of the chain of custody.
