The Independent Complaints Directorate (ICD) welcomes this opportunity to engage with the media about its work in the Western Cape. The mandate of the ICD is to ensure that deaths in police custody and deaths due to police action, as well as criminality and misconduct allegedly committed by members of the South African Police Service (SAPS) and Municipal Police Services (MPS) are investigated effectively and efficiently.This means that the ICD is there to conduct independent and impartial investigations of alleged criminality and misconduct committed by police officers.
I am pleased to announce that on Friday, 13 August 2010 two SAPS members from Kempton Park were found guilty of rape and defeating the ends of justice in a disciplinary matter following an investigation by the ICD.The two officers were dismissed from the SAPS.This is one case that has been in the media since September 2010.The criminal matter is still with the Director of Public Prosecutions (DPP) for a decision.Although this is a Gauteng matter, the conviction should serve as a warning that acts of criminality and misconduct will not go unpunished.
As you may be aware, Parliament is currently deliberating on the Independent Police Investigative Directorate (IPID) Bill, which will see the current ICD transform into a stronger body that will be investigation driven and which will have sufficient powers to hold the police accountable.We look forward to the successful conclusion of this process.
I want to speak now about the reason for calling this briefing, namely, to give you feedback on some of our high profile cases that our Western Cape provincial office has been investigating over the past few months.
The first one is the Knysna (Plettenberg Bay) rape case of a guest house owner. The allegation is that a member of the public was raped by two police officers in a police vehicle. An Identification (ID) parade was held but it was negative as the complainant did not positively identify members. Two DNA samples were taken for analysis, the first one was semen – the result was negative. The results are outstanding for the second sample, a hair sample.
The victim is represented by an attorney and there was an agreement with the victim that any feedback would be provided through her legal representative. The ICD has been providing such feedback to the legal representative as agreed. No SAPS members have been suspended as the suspects are yet to be identified. The Director of Public Prosecutions (DPP) has appointed an advocate to work with the ICD on this investigation. The investigation is still ongoing.
On another Knysna matter, that of the assault and murder of a member of the public from Rheenendal by police officers from Knysna. It is alleged that on 27 February 2010 a SAPS member arrested a member of the public in Rheenendal, Knysna. The police officer allegedly assaulted the person during the arrest. He then transported the victim to the Knysna police station. At the police station the member pulled the person out of the rear of the patrol vehicle and was joined by two other SAPS members in kicking the deceased whilst he was on the ground in the parking area of the police station. After the assault, a police officer dragged the deceased into the police holding cells leaving a trail of blood on the ground.
The victim died on 01 March 2010. The ICD investigated and arrested the three police officers and recommended that they be prosecuted.The Director of Public Prosecutions (DPP) decided to prosecute on a charge of murder. The three police members will appear in the Regional Court at George on 14 September 2010.The officers are currently on suspension and the disciplinary hearing is currently in underway.
The matter of the manipulation of statistics is another case that has received extensive media attention. The ICD started an investigation after receiving a complaint from the office of the MEC for police in the Western Cape and after receiving the relevant reports from the office of the SAPS Provincial Commissioner in the Western Cape.
The allegation was that housebreaking, arson and theft out of motor vehicle dockets were being changed to malicious damage to property charges. So far, the ICD has perused over one thousand nine hundred (1900) SAPS dockets at SAPS Paarl, Oudtshoorn and George. We established that there are similarities in the manner that cases are opened and the charges changed towards the end of the month at these stations. A criminal case docket of defeating the ends of justice was opened by the ICD investigators in respect of SAPS Paarl. We are currently busy with a report on SAPS Paarl, Oudtshoorn and George. Possible suspects have been identified. We are in the process of interviewing the possible suspects.
Another investigation involves the alleged torture of people by fourteen (14) members of the Organised Crime Unit (OCU) at their offices in Bellville South in February 2009. This act of torture resulted in the death of one person and injuries to another two people. Since the ICD started this investigation, other matters were also reported to it by members of the public – as result a total of 29 complaints of assault GBH / Torture are being investigated. After the investigation was completed, the dockets were sent to the DPP on 3 March 2009 for a decision. We still await the DPP’s decision.
Then there is the matter of the murder of a member of the public by eight police officers from Khayelitsha.In this investigation, it is alleged that two permanent members and six reserve members assaulted a member of the public by kicking and hitting him with half a brick on 29 September 2009. The victim was transported to the Khayelitsha police station where individual members again assaulted him in full view of other police members and administration staff – these witnesses have declined to make statements. The victim died in hospital. The ICD was notified and attended the scene.
During the investigation a 9mm cartridge case was discovered on the scene and was positively linked to a SAPS member’s firearm. Blood was also discovered in the police vehicle that transported the deceased to the police station. The ICD arrested the 8 police officers and opposed their bail. The bail application was heard over 15 days in the Khayelitsha Magistrates Court. They were eventually granted bail. A recommendation was made by the ICD that the police officers be prosecuted. The DPP agreed with the ICD’s recommendation. The matter will now be heard in the Cape High Court, we await a date. The charges are murder, kidnapping and assault GBH. Disciplinary recommendations were also made to the SAPS management – the results are still outstanding.
In Durbanville, a member of the public was allegedly assaulted by SAPS members from the Tactical Response Unit, Cape Town. The incident occurred at the Total garage in Durbanville. During the incident another member of the public witnessed the assault and was also pointed with a finger in his face and racial slurs were hurled at him. The investigation has been completed and it will be sent to the DPP for a decision.
The ICD has approached National Treasury for a budget allocation to open a satellite office in George in the coming financial year. We are hoping that the request will be acceded to, as a satellite office will allow for increased accessibility of the ICD in the Southern Cape.
We will be tabling our Annual Report for 2009/10 in September 2010. During such tabling, we will have another chance to engage with the media and provide more specific details on our work. I want to thank you for making the time to come to this briefing.
For enquiries contact:
Moses Dlamini
Cell: 082 809 1927
