The Independent Complaints Directorate welcomes this opportunity to engage with the media about its work in Mpumalanga. This engagement is long overdue but I promise that we will have more such briefings in future.
The mandate of the ICD is to ensure that independent and proper investigations of deaths in police custody and deaths as a result of police action are carried out effectively and efficiently. The ICD may also investigate allegations of criminal offences and misconduct committed by members of the South African Police Service (SAPS) and municipal police services (MPS).
Such offences include assault, rape, murder, attempted murder and so on. What the mandate of the ICD does not include is matters that involve offences that occur in correctional facilities such as prisons or those that involve traffic officers.
Where an allegation of an offence is made, the ICD will determine whether or not that complaint is within its mandate. If such a complaint is within the ICD’s mandate, then it will be assigned to an investigator for investigation.
If evidence is found to substantiate the allegation, then recommendations for prosecution will be made to both the Director of Public Prosecutions (DPP) in respect of the criminal matter and to police management in respect of the departmental (misconduct) matter.
If both agree with our recommendations, there will be a trial process as well as a departmental process; the outcomes of both these processes are outside the control of the ICD.
Let me talk about the Independent Police Investigative Directorate Bill. This Bill has been released for public comment by our Parliament, which is responsible for developing legislation for our country.
The intention of this new legislation is to ensure the ICD's independence from the South African Police Service (SAPS). The ICD is currently structured according to chapter 10 of the South African Police Service Act (1995), which is outdated in its references to other legislation.
Additional reasons for new legislation include:
- to grant the directorate an extended mandate which focuses on more serious and priority crimes committed by members of the South African Police Service
- to improve the management structure of the directorate
- to improve reporting and accountability practices in the Directorate and
- to establish a formal liaison mechanism between the Directorate and the secretariat of police.
The directorate will also focus on specific serious crimes, such as alleged rape by a police officer (irrespective of whether the police officer is on or off duty) and the alleged rape of a complainant by other detainees while the complainant is in police custody.
Matters of systemic corruption referred by the minister or secretary of police, as well as any incidents of torture referred to by a judge, a legal representative, or the Minister or Secretary of Police will also become important areas of focus for the new IPID.
More attention will be given to these cases to shorten the time taken for the preliminary investigations and to collect evidence that will ensure that such matters proceed to court or can be dealt with through disciplinary processes.
It is important to note that not all complaints lodged against police officers can be substantiated. This is due to a number of reasons. In some instances, upon investigation it is found that police officers have acted within the boundaries of the law. In other instances there is just no evidence to prove allegations made against police officers. Those cases that can be substantiated are sent to the Director of Public Prosecutions (DPP) for a decision on prosecution.
Let me talk about the challenges of investigating shootings emanating from service delivery protests. Ammunition from the pump guns used cannot be linked to specific firearms.
You will also be aware that rubber bullets are used during such protests; these also cannot be linked to specific firearms. The larger number of police officers deployed, usually from outside the Mpumalanga province, makes it difficult to trace the members involved in the shootings. In a number of instances, we have found that some members of the public have shot at the police and the police have retaliated.
Mr Tsimane will now talk a bit about some of the cases we have dealt with in this province.
In Lydenburg, Mr Oupa Malebe was told to come to the police station as he was sought for an armed robbery case. He was severely assaulted and he had to be operated on and his testicles removed. The ICD investigated the case and arrested the five members involved. We also made recommendations that the five members be prosecuted; the case is now on trial and will continue on 4 August 2010.
In Hazyview, Siphiwe Mdluli was shot and killed after trying to report an assault by her boyfriend Constable Gilmore Mandla Ntimane. The ICD arrested the police officer and ensured that he is held accountable. The DPP has decided to prosecute following an ICD investigation and recommendations that Constable Sibiya be prosecuted.
I am sure that you know about the case of Mr James Frederick Brown of Kriel. This case involved the use of excessive force on a person who due to his age posed no threat to the police officers and had a known mental condition. The ICD reopened the case after obtaining new information. We recommended that three members be charged departmentally. One member was not found guilty. One member was dismissed, suspended for six months and fined R500. The other was dismissed, suspended for six months.
In Skukuza the police alleged that Walter Mhlanga who had been arrested housebreaking and theft had died in the cells. The ICD took over the investigation and the Post Mortem revealed that the deceased had been assaulted prior to his death. A recommendation was made to the DPP that the members involved be prosecuted. We are waiting for the decision of the DPP.
In September 2009, Mr Nandos Lamono was arrested by the Blinkpan police for murder and attempted murder. Upon investigation, the ICD uncovered that the deceased had been assaulted by smashing his head against the wall and bashing his head against the steel door of the cells. The ICD has recommended that the members be charged with murder. We are awaiting the decision of the DPP.
The Vosman case is interesting in that the police officer, who is a reservist, alleged that the deceased, Mlambo Vincent Nhlanhla, pointed a firearm at him and that is when he shot the deceased. Upon investigation by the ICD, independent witnesses contradicted the version of the police officer. As we speak the case is on trial, it will proceed on 26 July 2010.
Currently, the ICD in Mpumalanga has 24 cases on the court roll. Of these, 19 are for murder, two for attempted murder, and three for assault grievous bodily harm (GHB). It is important to stress that the ICD is committed to carrying out its mandate without fear or favour. I think Mr Beukman has something to say.
Finally, the ICD would like to extend an invitation to the media to a community outreach event that will be taking place at Ga-Mathibela community hall, in Oakley, Bushbuckridge on Saturday, 24 July 2010. The ICD has organised a community outreach event to interact with that community and listen to the complaints they have about policing in their area.
Other stakeholders who will be there are the Department of Justice, Public Protector, South African Human Rights Commission, the Commission on Gender Equality, Independent Electoral Commission, Bushbuckridge municipality and the SAPS. So, you’re all welcome to attend that event.
For enquiries contact:
Moses Dlamini
Cell: 082 809 1927
