Police brutality in Oudtshoorn: SAPS and IPID briefing

NCOP Security and Justice

04 November 2015
Chairperson: Mr D Ximbi (ANC, Western Cape)
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Meeting Summary

The Committee met to hear follow-up responses from the SA Police Service (SAPS) and the Independent Police Investigative Directorate (IPID) following questions put to them by the Committee after the their visit to the Eden district as part of the “Taking Parliament to the People” initiative.

SAPS said that in total, 7 516 complaints had been dealt with over the past five financial years. 303 members had been involved in 1 712 cases, where police officials had been accused of more than one case of misconduct. The most occurrences had been in Da Gamaskop, with 553 cases. The misconduct cases had included all issues of misconduct -- like being late or absent from duty, for example -- not only complaints from the public.

SAPS requested an extension until 12 November to compile information about civil claims for compensation, because the information was not easily accessible on computer systems and files would have to be manually checked.

The current status on personnel issues was that as at October 2015, the police were in the process of filling the two vacancies for station commanders. The police were also recruiting 16 employees via the Public Service Act and 76 employees via the Police Act to fill some of the vacant posts.

Members said the document had spoken only of misconduct -- had criminal charges ever been laid against the police? What was the status of the charges and how many members had been found guilty and discharged after being found guilty of a criminal charge? How many had been suspended on full pay without benefits? Could the police elaborate further on the cases where it had stated no steps had been taken due to procedural unfairness? What had prompted the delay? Had there been consequences for the person causing the delay? With reference to the 46 cases finalised in 2013/14, Members asked who the members were and why no steps had been taken against them. With reference to 2014/15, why had 20 cases been withdrawn? What was SAPS doing to address the high number of assaults?

Members asked for the details of the cases rather than a general response, which could be given at a later date. The report was too skimpy and was silent on the behaviour of the police towards the community. How would they improve their relationship with the community in terms of service delivery? What measures were being put in place to deal with the challenges of a lack of manpower and police vehicles? What measures, like Community Police Forum (CPF) structures, did the police in the area have? What was being done to change the mind-set of the community to the police, and also to assist policemen, like wellness programmes?

The Independent Police Investigate Directorate said that it had investigated a total of 168 cases of misconduct in the Eden District, with the majority being that of assault. There had been two cases of rape in police custody and in both instances the perpetrators had been non-SAPS members. For the financial year 2014/15, 16 members had been charged with more than one case of misconduct. IPID had investigated 61 cases in George, of which 45 had been related to assault. In Oudtshoorn, out of 70 cases investigated, 60 had been related to assault. An update was given on the progress of misconduct and disciplinary cases.

Members asked the Chairperson to arrange for the booklets dealing with the legislation to be provided to Committee members. They asked where the annexures that had been referred to could be found. They asked whether IPID rated the 61 cases in George as a high number or not, and what mechanisms were in place or recommendations made to assist SAPS to reduce the number of assault cases.

Meeting report

Mr G Michalakis (DA, Free State) asked if the Chairperson and the Chairperson of the Petitions Committee could sort out the timing and location of meetings between them, so that the presenters would not be kept waiting.

The Chairperson agreed, and said it would be discussed at a management meeting. He said the meeting had been in response to Parliament being taken to the people -- in this case, the Eden district -- where there had been complaints and accusations made against the police. The police were present at the meeting to respond on the police brutality claims, because Parliament would be returning to the Eden district.

Major General H Burger, Deputy Provincial Commissioner: Human Resource Management, Western Cape, said an original response from the National Commissioner had been submitted and what he was presenting was just additional information, arising from questions by the Committee researchers.

Ms T Mokwele (EFF, North West) said that the Members did not have a copy of the report in front of them.

Maj Gen Burger then signed the report he had brought along and copies were made and circulated. He said Annexure A contained information on five financial years’ discipline cases for police stations and SAPS units in the Eden district. In total 7 516 complaints had been dealt with.

Regarding a specific case in Oudtshoorn, he said it had occurred on 1 January 2014 while the police official had been off duty.

On the question of how many police officials had been accused of more than one case of misconduct, he said a list of cases according to police stations was contained in Annexure B. The most occurrences were in Da Gamaskop, with 553 cases. However, the misconduct cases had included all misconduct, not only complaints from the public -- like being late or absent from duty, for example. In total there had been 303 members involved in 1 712 cases.

All recommendations received from the Independent Police Investigative Directorate (IPID) had recommended disciplinary action against the police.

He made the Committee aware that the IPID Act had not covered the first two financial years being referred to, as it had become operational only for the last three financial years. Hence the figures presented regarding the outcomes of cases were from the 2012/13 financial year to the 2014/15 year, in which 18, 46 and 39 cases had been finalised respectively.

Regarding information about civil claims compensation, the police were requesting an extension until 12 November, because the information was not easily accessible on computer systems and files would have to be manually checked.

He then spoke to the original question two, and about which IPID cases were being taken forward in George and Oudtshoorn. In Oudtshoorn there was one case pending and one had been finalised, where no steps had been taken because of procedural unfairness. The police had included other disciplinary cases for all police stations in the Eden district in a table format.

Regarding the current status on personnel issues, he provided staffing information as at October 2015. The police were in the process of filling the two vacancies for station commanders. The police were also on a recruitment process to fill some of the vacant posts -- 16 employees via the Public Service Act and 76 employees via the Police Act.

Discussion

Mr Michalakis said the document spoke only of misconduct. Had criminal charges ever been laid against the police? Was there any indication of what the status of these charges had been, and how many members had been found guilty and discharged after being found guilty of a criminal charge? How many had been suspended on full pay without benefits?

Maj Gen Burger said the figures referred to the misconduct cases only, as he was under the impression that the IPID would report on criminal investigations.

With regard to the rape case, the Department of Public Prosecutions had barred the police from using the witnesses in the internal processes because the criminal case had not been finalised.
 
The police were currently at the labour court with regard to a dismissal which had later been changed to a suspended dismissal. This case involved a reservist in a rape case in Herbertsdale, in which the captain who had reported the case had not done so properly.

Mr S Thobejane (ANC, Limpopo) asked, with reference to the outcome of cases for 2012/13, why only one name had been mentioned.

Mr M Mohapi (ANC, Free State), said that the report would be difficult to understand by anyone who did not have assistance from the police to explain it. It was on record that the issue of the information on compensations claims would be delivered on 12 November. Why was Sgt Solomons the only person mentioned? Could the police elaborate further on the cases where it had stated that no steps had been taken due to procedural unfairness? What had prompted the delay? Had there been consequences for the person causing the delay?

Mr M Mhlanga (ANC, Mpumalanga) asked who the members were in respect of the 46 cases finalised in 2013/14, and why had no steps been taken against them? With reference to 2014/15, he asked why 20 cases had been withdrawn.

The Chairperson asked what SAPS was doing to address the high number of assaults.

Maj Gen Burger said the one pending case dealt with a criminal matter in an open court, while the others were internal disciplinary cases where no names had been mentioned. The police would have to go back to get the names of the people involved where no steps had been taken. If a case lapsed because of inaction by a SAPS member, then another case was opened. In many instances it was because complainants did not testify for a variety of reasons. Postponements were granted, but the case lapsed after 60 days. The withdrawals were also because of people not coming to testify or indicating they did not want to come.

Mr Thobejane asked for the details of the cases rather than a general response, which could be given at a later date.

Maj Gen Burger said there had been 7 516 cases, and in 3 434 cases there had been ‘no steps taken’, which would mean using police resources to get the files from the archives to report on them individually. This would a mammoth task, given the resources which would have to be reallocated from service delivery and in an area that was already claiming that there were not enough resources available.

Ms Mokwele felt that the detailed information must be made available, even if it was at a later date.

Maj Gen Burger said the reason he had spoken about the human resources was because of the high number of cases involved, the time it would take and the impact it would have on service delivery, and he could not take responsibility for such action. Given the timeline of returning to the community with feedback, he would be able to provide the details only for the 742 cases of the last financial year.

The Chairperson said the details should be provided by 12 November.

On the high number of assaults, Maj Gen Burger said the police were dealing with this, and where IPID recommendations were received about it. On and off duty parades were used on a continuous basis by commanders to talk to the police about restraint.

Ms T Wana (ANC, Eastern Cape) said the report was too scanty and was silent on the behaviour of police towards the community. How would they improve their relationship with the community in terms of service delivery?

Mr M Mhlanga (ANC, Mpumalanga) raised the issue of the challenges of a lack of manpower and police vehicles. What measures had been put in place? What measures, like Community Police Forum (CPF) structures, did the police in the area have?

Mr Mohapi asked what measures were in place to change the mind-set of the community towards the police, and what was being done to assist policemen, like wellness programmes.

Maj Gen Burger said the police acknowledged partnerships, and had a provincial board chaired by a person from the Eden district area. The police did have CPFs operating in all the precincts. The police did act in cases of ill discipline by police, but criminals sometimes misused these processes to victimise police members.

Wellness programmes were being rolled out and the police were being supported. Suicides were investigated and in almost 100% of the cases, they were linked to private issues. Notwithstanding this, suicides were investigated to try and find out why suicide indicators had not been picked up.

He said discipline was the responsibility of the line manager. The provincial commissioner had issued instructions that at any internal event, the code of conduct had to be read.

On the matter of following up on cases of procedural unfairness, he said that where employees of SAPS were involved, they took action and those numbers had been included in the figures given.

Mr Michalakis asked where the number of 60 days surrounding discipline cases was derived from.

Maj Gen Burger said the 60 days was not a fixed number, and was derived from the discipline regulations published in the Government Gazette in 2006. However, it was more strictly enforced when it dealt with suspension without salary cases. The decision on whether to enforce the 60 days resided with the presiding official.

Mr Mhlanga said the details regarding manpower and police vehicles should be included in the report of 12 November.

Independent Police Investigative Directorate briefing
Ms Mamodishe Molope, IPID Chief Director: Compliance Monitoring and Stakeholder Management, said that IPID had investigated a total of 168 cases of misconduct in the Eden District, with the majority being for assault.

Regarding the cases of rape by a police officer in 2014/15, she said that there had been two cases of rape in police custody, one in Conville and one in Oudtshoorn. In both instances the perpetrators had been non-SAPS members.

On the question of whether any police officers had been charged with more than one case of misconduct, she said that prior to the enactment of the IPID Act, there had been no obligation on SAPS to act on the recommendations of IPID. Hence the recommendations went back only to the year 2012/13. For the financial year 2014/15 there had been 16 members who were charged with more than one case of misconduct, mainly of regulations 20(a), (p), (q) and (z).

Mr Tlabo Thokolo, Provincial Head: IPID Western Cape, said the question on whether compensation was paid by SAPS to victims was a question that was not within the IPID’s mandate.

On the question whether any reports from George and Oudtshoorn had been being taken to a disciplinary hearing or to IPID, he said that IPID had investigated 61 cases in George, of which 45 had been related to assault. In Oudtshoorn, out of 70 cases investigated, 60 had been related to assault.

Regarding an update of the progress of misconduct and disciplinary cases, he said that for the George area, IPID had made 10 recommendations in 2012/13-2013/14, in which three SAPS members had been found guilty. Two recommendations had been withdrawn, and IPID was awaiting a response on two cases where disciplinary procedures had been initiated. No disciplinary proceedings had been undertaken in three instances.

For the Oudtshoorn area, IPID had made seven recommendations since 2012/13. Disciplinary steps had been taken in three instances. No disciplinary proceedings had been undertaken in two cases and IPID was awaiting a response on two recommendations.

On the question around legislation that had been used, he said SAPS was better placed to respond.

Discussion

Ms Mokwele asked the Chairperson to arrange for the booklets dealing with legislation to be provided to Committee members. She asked where the annexures that had been referred to, could be found.

Mr Mohapi asked whether the IPID rated the 61 cases in George as a high number or not, and what mechanisms were in place or recommendations made, to assist SAPS reduce the number of assault cases.
 
Mr Thokolo said that the annexures had been provided with IPID’s original response.
IPID was concerned about the high number of assault cases. Being a relatively new department, IPID had not yet moved on to proactive measures to prevent assaults. IPID was still reactive, responding after assaults had occurred. This would be the next challenge for IPID -- engagement with SAPS to reduce misconduct cases.
The meeting was adjourned.



 

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