The Independent Complaints Directorate (ICD) welcomes this opportunity to engage with the media and the people of the Eastern Cape. Yesterday we were in Port Elizabeth and spoke about the Independent Police Investigative Directorate (IPID) legislation and the changes that it will bring about in ensuring that members of the South African Police Service (SAPS) are held accountable in terms of timeous reporting of complaints, as well as in implementing the IPID’s recommendations.
The mandate of the ICD is to conduct independent and impartial investigations of alleged criminality and misconduct committed by members of the South African Police Service (SAPS) Municipal Police Services (MPS).
This mandate has been expanded and focused by the new Independent Police Investigative Directorate (IPID) legislation which was recently signed into law by President Zuma on 12 May 2011. It is just a matter of time before this legislation becomes operational.
Today we are here in East London to give a brief update on a number of cases that the ICD Eastern Cape office is investigating:
We are investigating a case of murder against two constables from the Tactical Response Team (TRT) in Port Elizabeth. It is alleged that on 23 February 2011 six (6) police officers assaulted a person at a shop owned by a foreign national. The suspects were arrested and released on bail. The latest is that one of the witnesses was shot and killed a few weeks ago. Investigations are underway to determine if there is a link with the case against the constables. The other witness has been placed into the witness protection programme.
In December 2010, a complaint was lodged with the ICD by a thirty (30) year-old adult female employed by the South African Police Services alleging sexual assault by the Port Alfred Cluster Commander, Colonel Vuyile Gcaba. The alleged sexual assault took place on 22 November 2010 in the suspect’s office.
The ICD investigated the matter and made recommendations to the DPP for prosecution. The DPP decided that the suspect must be charged with 3 counts of sexual assault and crimen injuria. The matter has been put on the regional court roll for trial on 26 July 2011.
In another case, is alleged that a Ms Luleka Feni and Mr Zamuxolo Solani were assaulted by Sergeant Slatsha and a member of the CPF in connection with counterfeit money. Ms Feni had tried to intervene to stop the assault of her brother in law Mr Solani. The two were severely assaulted by the two suspects. The matter was not reported to the ICD by the SAPS but an article appeared in the Daily Dispatch on 23 May 2011 and docket was taken over on 24 May 2011. The investigation is still continuing.
Another incident allegedly took place on 24 March 2009 in which police from Izele were in pursuit of one Akhona Gala who was being wanted for numerous housebreaking cases. They arrived at the home of the deceased, Vuyolwethu Jiya and found a group of boys who all ran away. One of the policemen pursued one of the boys and shot him on the back – he was paralysed on the spot.
The young man was then taken to hospital and he died at Bisho Hospital. After he was buried, the deceased’s remains were exhumed and subjected to a Post Mortem examination by an Independent Pathologist Dr Perumal. The cause of death was a gunshot wound. The projectile that was retrieved from the deceased body was also examined by ballistics. What is interesting in this case is that the police officers tried to conceal the matter and did not report it to their commanders or to the ICD – it was reported by the family.
The docket was sent to DPP for decision, with recommendations to prosecute the suspects on charges of murder and defeating ends of justice. The case is currently on the court roll for trial at Zwelitsha Regional Court on 7 November 2011. One member faces a murder charge and five face defeating the ends of justice.
On another matter, it is alleged that on the 7 November 2010 the deceased Lwando Soqaka went inside Bismilla Restaurant in Sterkspruit to buy himself something to eat when he met with Constable Vusumzi Qiqimana. It is alleged that there was an argument between the deceased and the suspect that was not serious.
It is alleged that after the deceased bought food and when he turned back he said something to the suspect, the suspect took out his service pistol, put the holster on the table and shot at the deceased once on the chest and the deceased died on the spot. The suspect was arrested on the scene and he will appear in court on 15 August 2011 on charges of murder.
In Butterworth, a complainant alleges that police from the Organised Crime Unit came to his place of residence on the 14 January 2009 at about 03h40 in the morning and instructed him to dress up and come with them. He was told that they are taking him to Durban and when they arrived in Butterworth he was locked in an office where he was told that he is a suspect in a murder case of Mr Fezekile Ntshona who was a taximan. South African Police Service (SAPS) members allegedly tortured him. The case has been transferred to the Regional Court for 15 July 2011, where the police members will face charges of assault with intent to cause grievous bodily harm.
In another matter, the ICD received a report that police had received information about a suspect, Mr Sive Ngcebetsha who was wanted for house robbery. The police alleged that they proceeded to a certain address in Msobomvu Township and that when the suspect saw the police, he ran away.
He was chased and he drew a firearm and pointed it at the police after which the police shot him dead. An ICD investigation revealed that the police version was in fact not true. The DPP has agreed with the ICD’s recommendation that the suspect be charged with murder. The case will go on trial soon.
In April 2010 in Tamara, a policeman shot and killed his wife who was a police officer at the police station. The policeman grabbed a colleague’s firearm which he used to shoot his wife and then turned the gun on himself. He was injured but survived. The DPP has decided that he be prosecuted. He will go on trial soon.
The ICD received a complaint about an incident that occurred on 25 December 2010 at Cedarville Bar where it was alleged that police forced patrons out of a bar. It was also alleged that the patrons were assaulted such that they threw stones at the police. Police fired live rounds and several people were injured. One person was found dead with a bullet wound, the following day. The ICD recommended that five policemen be charged with murder and discharging a firearm in a public place. The matter will be going on trial soon.
Another matter involves a policeman who was playing with his service pistol which went off, killing an 18 year-old man instantly. An investigation was conducted and the constable was arrested. The case has been postponed to 4 July 2011 for further investigation.
These are some of the high profile cases that the ICD in the Eastern Cape has been dealing with. There are many more cases which do not make it onto the headlines.
In September 2011 we will release the Annual Report 2010/11 and will engage with you on these and other matters that involve the work of the ICD in this province.
I want to thank you again for this opportunity.
For enquiries:Moses Dlamini
ICD National Spokesman
Cell: 082 809 1927
