1. Powers of enforcement,
human rights and the
Constitution
How fire protection officers, forest
officers, police officers and officers
appointed under the Fire Brigade
Services Act may exercise their powers

2. Who may enforce the Act?
A registered fire protection officer (FPO), a
designated forest officer (FO), a police officer,
and an officer appointed in terms of section 5
or 6 of the Fire Brigade Services Act have the
power to enforce the National Veld and
Forest Fire Act (NVFFA). References to an
FPO in sections 27, 28 and 29 of the NVFFA
(Chapter 8 only) includes all the
abovementioned officials. An FPO or one of
these officers must carry identification to be
able to exercise these powers

3. Balancing powers and rights
In the past the rights of ordinary South
Africans were routinely abused by the
State
People’s rights and dignity were often
overridden in the process of enforcing
old land, forest and conservation laws

4. The constitutional framework
The Constitution is the supreme law of
the land
It provides for separation of powers
It defines the powers of the executive
and defends the independence of the
judiciary
It enshrines the rights of every citizen
as well as their responsibilities

5. The Bill of Rights
Chapter 2 of the Constitution contains the Bill
of Rights
This is the cornerstone of democracy in South
Africa. It enshrines the rights of all people in
our country and affirms the democratic values
of human dignity, equality and freedom
The state must respect, protect, promote and
fulfil the rights in the Bill of Rights
Sections 9 – 35 of the Bill detail the rights
enjoyed by all South Africans

6. Rights to be aware of
Equality (s9)
Human dignity (s10)
Freedom and
security of persons
(s12)
Privacy (s14)
Right to property
(s25)
Just administrative
action (s33)
Access to courts
(s34)
Rights of arrested,
detained and
accused persons
(s35)

7. Human dignity (s10 of the Bill of Rights)
All persons should be treated with
decency, dignity and respect

When an officer enforcing the Act
disrespects the dignity of a person, for
example, by using abusive language, an
abuse of authority is likely to occur

8. Freedom and security
of persons (s12 of the Bill of Rights).
No person may be arbitrarily be deprived of
freedom without just cause

i.e. without legal authority
No person may be detained without trial
No person may be treated in a cruel, inhuman
or degrading way
Individuals have the right to be protected
against arbitrary acts by the state that violate
or inhibit physical or psychological integrity

9. Rights of arrested, detained
and accused persons (s35)
Arrest is a very serious limitation on a
person’s rights
Section 35 sets out extensive rights of
arrested and detained persons
Officers enforcing the Act are required to
inform people of their rights upon arrest
An arrested person is always presumed to be
innocent until proven guilty

10. How rights are limited
The rights in the Bill of Rights are not
absolute
They are subject to the limitations contained
or referred to in s36
Rights can only be limited to the extent such
limitation is ‘reasonable’
Limitation of rights must respect human
dignity, equality and freedom
Limitation of rights must be contained in a law
of general application such as the NVFFA
and the Criminal Procedure Act

11. General consequences of
abuse of power
Officers who engage in unlawful arrest, use
unjustified force, or engage in illegal searches
and seizures can be subject to internal
discipline and civil claims
Victims of such actions are entitled to institute
a civil claim against the officer or the State.
This could result in the officer or State having
to pay an amount of money (damages) to the
victim

12. General consequences of
abuse of power #2
Such civil claims could include crimen
injuria, assault, malicious damage to
property and theft
Evidence obtained illegally must be
excluded from a trial and may result in
the accused person being found
innocent

13. Conclusion
FPOs, FOs, police officers and officers
appointed under section 5 or 6 of the Fire
Brigade Services Act have been given
extensive powers in terms of the NVFFA
As public servants these officers have an
important duty to uphold the Constitution
This requires that they exercise their powers
in the full knowledge of, and respect for the
rights of all