The South African Police Service (SAPS) gazetted – and then withdrew – proposed amendments to the regulations governing the recruitment of new police officers in the country, clearing up the rules around officers having tattoos.

The proposals were gazetted on Monday (23 October) and then withdrawn on Tuesday with no explanation.

The proposals come after police minister Bheki Cele caused a small storm in 2022 by likening people with tattoos to gangsters and criminals, adding that these individuals would not qualify as new recruits to the SAPS.

“When you have a tattoo, we don’t hire you because you have a tendency of being a gangster,” he said at the time.

The statement sparked outrage among the inked members of society who took exception to being called gangsters. There were even reports of hopeful police recruits whose dreams were dashed by the realisation.

While Cele went on to explain to parliament that the whole matter had to do with perceptions in communities the SAPS needs to serve, the new proposed amendments will effectively codify the position and explanation.

The proposed SAPS recruitment rules state that a candidate can have tattoos, but they cannot be visible while in uniform, and they cannot be of a nature that is irreconcilable with the objective of the service.

The first requirement is that any tattoo a candidate has may not be visible when they are wearing or dressed in uniform.

The second requirement is that, even if the tattoo is not visible in uniform, the tattoo itself cannot be of a nature that is contrary or stands against the objectives of the police service.

“For instance, if the person takes off their shirt and has a tattoo, it must not be irreconcilable with the objectives of the service,” it said.

These rules apply to recruits and reservists, the SAPS said, adding that this restriction is a reasonable limitation of freedoms enshrined in the Bill of Rights, given the nature of the police force’s duties.

“Visible tattoos may negatively affect the perception and neutrality of members as viewed by the community.

“It may also be necessary to consider that rules of this nature do not only relate to the fact that an individual may choose to have a tattoo but also to the fact that the presence of tattoos influences the perception of members by communities that we are required to serve and may, in turn, affect the ability of members to perform their duties.”

Echoing the sentiments of Cele circa 2022, the SAPS said tattoos are historically associated, often negatively, with specific groups and backgrounds, such as former prisoners, gangsters and motorcyclists.

“The service cannot afford the risk that communities view members as associating themselves with any specific group to the perceived detriment of others, who do not belong or associate with such groups,” it said.

The SAPS said that every single member of the force undertakes to render effective services and be accessible to every person – consideration is therefore given to the appearance of the member and how they might be perceived by the community they serve.

Other changes

While the restrictions on tattoos have been kept in place in the proposed amendments, other limitations have been removed.

The proposed changes remove the requirement that SAPS members “undertake to not wear any religious or cultural adornment or symbol”, with labour unions viewing this as unconstitutional.

The SAPS also agreed to amend the rule that new recruits could not have been dismissed for any form of misconduct from their previous employer nor have any pending disciplinary case against them. This is now restricted to only misconduct related to dishonesty or violence.

There is also debate around the age of recruitment. As it currently stands in the gazette, new recruits have to be between the age of 18 and 30 to qualify. However, unions are arguing for this to be increased to 35 to align with the definition of “youth” in the National Youth Development Agency Act.

The SAPS is also set on reintroducing the requirement that only South African citizens can qualify as recruits, saying the discrimination against permanent residents is justified due to the nature and uniqueness of the department.

The withdrawn gazette can be read here..

Update: this article has been updated to reflect that the gazette has been withdrawn.

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