Sanibonani.
The Independent Complaints Directorate (ICD) welcomes this opportunity to engage with the media and the people of KwaZulu-Natal. We are quite pleased to be back here in the province and appreciate the support that the ICD gets from the media in this province.
Our sting operation in Greenwood Park recently is a case in point. One member was released on bail and he must report to the Phoenix Police Station twice a week, the other member is still in custody. In this province, we have many cases on the court roll and many others with the Director of Public Prosecutions (DPP) for decisions. These cases will keep us busy for a long time to come.
The main reason we invited you to this briefing is to present to you the newly appointed provincial head of the ICD in KwaZulu-Natal, Ms Baatseba Motlhale. Not only does Ms Motlhale have the relevant qualifications and skills required of the incumbent of the post, she also brings with her a wealth of experience gained at the NPA and at the ICD as the deputy provincial head of the ICD in the North West for the past six years.
We thought that it is important to appoint a female as we strive to improve on our strategic objective to have greater gender equity in the senior management of the ICD and IPID going forward. I want to congratulate Ms Motlhale and wish her well in leading the ICD in the province.
Let me take this opportunity to thank Mr Innocent Khuba who has been the Acting Provincial Head since the resignation of Ms Tabisa Ralo. Now the work of the ICD in the province will continue with Ms Motlhale at the helm, supported by the Deputy Provincial Head, Mr Len John.
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.
The other reason we are here in Durban today is to give a brief update on a number of cases that the ICD KwaZulu-Natal office is investigating:
Many of you are aware of this case in which it was alleged on 3 March 2009 two members from Organised Crime Unit Cato Manor where following information about the murder of Supt Chonco. The SAPS members followed the deceased from his residence at Ridge Road and a chase ensued. The deceased was driving a Toyota Lexus and he allegedly fired shots at the members.
The two members called for backup on the radio and members from National Intervention Unit (NIU) responded giving chase and they allegedly tried to pull the vehicle over. The deceased allegedly fired shots at the NIU and the members returned fire fatally wounding the deceased.There was evidence that the deceased obtained an order from the High Court as the deceased feared that he was going to be shot by the police.The investigation has been finalised and referred to the DPP for a decision.
The next case happened in Mt Moriah, Phoenix. On 2 June 2010 it was alleged that police officers from Phoenix confronted a person walking along in the street and accused him of being involved in a housebreaking case.It is alleged that the police officers assaulted this male until he agreed to point out the “suspect”. The male directed the police to his house where he resided with three of his brothers.
It is alleged by the police that when they entered the house the three Memela brothers attempted to shoot at the police where the police shot and fatally wounding the three brothers. The surviving brother’s version is that the police shot and killed his brothers and planted two firearms at the scene. The case was referred to the DPP and returned with minor queries.
In another case, it is alleged that the deceased was suspected of stealing a police officer’s firearm. The police officer requested back up from the Inanda TRT and arrested the deceased. The police officer’s questioned the deceased and allegedly tortured the deceased. The police officer eventually dropped the deceased off and left him alongside the road. The deceased was taken to hospital where he died as a result of his injuries.In this case, 15 members of the TRT and OCU were arrested by the ICD. The case is currently on the court roll and is remanded until 24 to 28 October 2011.
Another case that was dealt with is the Msinga matter. It is alleged that police officers attached to PMB ACCU arrived in Ballito and arrested the deceased whilst at work. The deceased was taken back to a homestead where he was tortured in order to provide information regarding the whereabouts of a firearm. The deceased pointed out a homestead where there was a legal firearm.
The deceased was then further tortured and it is alleged that he died. The police officers then removed the deceased away and stage a shooting scene claiming that the deceased tried to disarm the police officer in an attempt to escape. The police officers were arrested and the case is currently on the court roll. The case is remanded until 15 July 2011.
The ICD investigated a similar case in Ulundi, it occurred in May 2009. It is alleged that the police from Ulundi Crime Prevention arrested the suspect and they took him to the bush where he was tortured. It is alleged that the deceased died as a result of being tortured. The police officers then shot the suspect after he died and claimed that he produced the firearm wanted to shoot the police. The case is set for trial at Vryheid High Court on the 14-18 November 2011 after it was remanded from Madadeni High Court on the 31 May 2011.
This is a very sad case. It is alleged that in April 2010, the police from Durban Organised Crime Unit went to Esikhawini J1 Section number 63 looking for suspects that escaped from Westville Prison. They stormed the Ndlovu homestead where they shot and killed a 15 year-old boy alleging that the boy had produced the firearm and wanted to shoot them.The docket is still with the DPP’S office for a decision.
The next case involves a farmer and occurred in January 2011. It is alleged that the deceased was driving along Babanango on 20 January 2011 when he caused an accident with the vehicle of Eskom. The deceased never stopped and went to collide with another vehicle and fled the scene. The police from Babanango followed him to his place of residence with the aim of arresting him he shot at the police and the police returned fire and was fatally wounded. The docket is still under investigation.
This is a March 2010 matter. It is alleged that the deceased was detained at Nottingham Road Police Station on charges of housebreaking and theft. Three detectives are alleged to have tortured the deceased in an attempt to extract information regarding the housebreaking. The deceased died as a result of injuries sustained in the torture. The police officers claimed that the deceased died of natural causes. Three detectives were arrested and appeared before court. The DPP is currently preparing indictments to prosecute the case before the High Court.
The next case happened in Harburg in June 2011. It was alleged that suspects were remanded back to the police cells from court and these suspects had smuggled tobacco into the cells. Police officers from the CSC who were conducting cell visits detected that the detainees had been smoking so they searched the cells.
The police officers wanted to find out who had smuggled the tobacco so they started assaulting the detainees in an office where it is alleged that the officers used a plastic bag to suffocate the detainees to extract the information.
One of the detainees died. The scene was attended by an ICD investigator and upon receiving the information of the plastic bag she searched the office and found the bag. The post mortem was attended and it was found that the deceased was murdered. The police docket has been uplifted and the ICD is conducting a full investigation.
These are just some of the high profile cases that the ICD in KwaZulu-Natal 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.
Siyabonga.
For enquiries:ICD National Spokesman
Moses Dlamini
Cell: 082 809 1927
